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Wills

What happens if the will is invalid?

The estate can be administrated by someone appointed by the court. Debts, bills and taxes are paid as in normal situations and the remaining assets are distributed according the provincial or territorial succession act. In most jurisdictions, a preferential share is allocated to the spouse with the balance divided among the spouse and children. The definition of a spouse also varies by jurisdiction.

If there is no spouse or children, the estate would follow a sequence: first to parents, if no parents then to siblings, if no siblings then to nieces and nephews, if no nieces and nephews, then distributed to next of kin (based on consanguinity).

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August 12th, 2022