(2)(a) all go to descendants – (b) no descendants, then to parents – (c) no descendants, no parents, then descendants of parents (siblings, nieces, gn’s) – (d) none of these, then to grandparents (or descendants uncles, cousins) – – (e) if no grandparents, not descendants of grandparents (uncles, cousins) then – – try great-grandparents, (or their descendants) (f) if no one, then Escheat Act – (3) people to 5th degree of relationship deemed to have predeceased estate – (4)(a) (3) doesn’t impact intestate’s direct descendants cut off at 5, but not for – – direct descendants (b) can still claim under Escheat Act on basis of legal/moral claim (mechanism if cut off) Distribution to Descendants S. 24(1) money given to descendants, it would be distributed equally between – children (a) - if alive)\ (b) if one descendant dead, then children get it and it’s distributed equally Division 2 Spousal Home – Right to Spousal Home S. 26(1) of spouse to acquire spousal home satisfy part or all of spouse’s share of – estate S. 27(2) Spouse must acquire right to spousal home within 180 days s. 29 How the spouse can exercise their right to acquire the spousal home (see – statute….too long) share is dollar value, notice provided to other beneficiaries – S. 30 How to resolve a dispute over the value of deceased person’s interest (see statute) – S. 31 (1) spouse ability to purchase remainder of deceased person’s interest (see – statute) right to purchase at fair market value if preferential share not sufficient for full – amt Adopted Children S. 3, WESA 2(a) - Once children are adopted, they cease to be descendants of their parents ((3) exception step-parent adoptions) – Adoption Act s. 37 Adopted children become descendants of individuals that adopted – – them (and vice versa) Qualified Transfers, Future Interests (fee simple owner) conveys property to Hermione for life. Hermione has life estate Harry retains reversion interest Like rubber band, goes back to will maker
(2)(a) – all go to descendants (b) – no descendants, then to parents (c) – no descendants, no parents, then descendants of parents (siblings, nieces, gn’s) (d) – none of these, then to grandparents (or descendants – uncles, cousins) (e) – if no grandparents, not descendants of grandparents (uncles, cousins) – then try great-grandparents, (or their descendants) (f) – if no one, then Escheat Act (3) – people to 5th degree of relationship deemed to have predeceased estate (4)(a) – (3) doesn’t impact intestate’s direct descendants – cut off at 5, but not for direct descendants (b) can still claim under Escheat Act on basis of legal/moral claim (mechanism if cut off) Distribution to Descendants S. 24(1) – money given to descendants, it would be distributed equally between children (a) - if alive)\ (b) if one descendant dead, then children get it and it’s distributed equally Division 2 – Spousal Home Right to Spousal Home S. 26(1) of spouse to acquire spousal home – satisfy part or all of spouse’s share of estate S. 27(2) Spouse must acquire right to spousal home within 180 days s. 29 – How the spouse can exercise their right to acquire the spousal home (see statute….too long) – share is dollar value, notice provided to other beneficiaries S. 30 – How to resolve a dispute over the value of deceased person’s interest (see statute) S. 31 – (1) spouse ability to purchase remainder of deceased person’s interest (see statute) – right to purchase at fair market value if preferential share not sufficient for full amt Adopted Children S. 3, WESA 2(a) - Once children are adopted, they cease to be descendants of their parents ((3) exception – step-parent adoptions) Adoption Act – s. 37 – Adopted children become descendants of individuals that adopted them (and vice versa) Qualified Transfers, Future Interests (fee simple owner) conveys property to Hermione for life. Hermione has life estate Harry retains reversion interest Like rubber band, goes back to will maker