47 (1) Subject to subsection (2), where a person dies intestate in respect of property and leaves issue surviving him or her, the property shall be distributed, subject to the rights of the spouse, if any, equally among his or her issue who are of the nearest degree in which there are issue surviving him or her. R.S.O. 1990, c. S.26, s. 47 (1). Share of predeceasing issue (2) Where any issue of the degree entitled under subsection (1) has predeceased the intestate, the share of such issue shall be distributed among his or her issue in the manner set out in subsection (1) and the share devolving upon any issue of that and subsequent degrees who predecease the intestate shall be similarly distributed. R.S.O. 1990, c. S.26, s. 47 (2). Parents (3) Where a person dies intestate in respect of property and leaves no spouse or issue, the property shall be distributed between the parents of the deceased equally or, where there is only one parent surviving the deceased, to that parent absolutely. R.S.O. 1990, c. S.26, s. 47 (3); 2021, c. 4, Sched. 11, s. 36 (2). Brothers and sisters (4) Where a person dies intestate in respect of property and there is no surviving spouse, issue or parent, the property shall be distributed among the surviving brothers and sisters of the intestate equally, and if any brother or sister predeceases the intestate, the share of the deceased brother or sister shall be distributed among his or her children equally. R.S.O. 1990, c. S.26, s. 47 (4); 2021, c. 4, Sched. 11, s. 36 (3). Nephews and nieces (5) Where a person dies intestate in respect of property and there is no surviving spouse, issue, parent, brother or sister, the property shall be distributed among the nephews and nieces of the intestate equally without representation. R.S.O. 1990, c. S.26, s. 47 (5); 2021, c. 4, Sched. 11, s. 36 (3). Next of kin (6) Where a person dies intestate in respect of property and there is no surviving spouse, issue, parent, brother, sister, nephew or niece, the property shall be distributed among the next of kin of equal degree of consanguinity to the intestate equally without representation. R.S.O. 1990, c. S.26, s. 47 (6); 2021, c. 4, Sched. 11, s. 36 (3). Crown (7) Where a person dies intestate in respect of property and there is no surviving spouse, issue, parent, brother, sister, nephew, niece or next of kin, the property becomes the property of the Crown, and the Escheats Act, 2015 applies. 2015, c. 38, Sched. 4, s. 30; 2021, c. 4, Sched. 11, s. 36 (3). Degrees of kindred (8) For the purposes of subsection (6), degrees of kindred shall be computed by counting upward from the deceased to the nearest common ancestor and then downward to the relative, and the kindred of the half-blood shall inherit equally with those of the whole-blood in the same degree. R.S.O. 1990, c. S.26, s. 47 (8). Descendants conceived but unborn (9) For the purposes of this section, descendants and relatives of the deceased conceived before and born alive after the death of the deceased shall inherit as if they had been born in the lifetime of the deceased and had survived him or her. R.S.O. 1990, c. S.26, s. 47 (9). Descendants posthumously conceived (10) For the purposes of this section, descendants and relatives of the deceased conceived and born alive after the death of the deceased shall inherit as if they had been born in the lifetime of the deceased and had survived him or her, if the conditions in subsection 1.1 (1) are met. 2016, c. 23, s. 71 (7). Right to inherit (11) The right of a descendant or relative to whom subsection (10) applies to inherit begins on the day he or she is born. 2016, c. 23, s. 71 (7). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 4, s. 30 - 10/12/2016 2016, c. 23, s. 71 (7)
- 01/01/2017 2021, c. 4, Sched. 11, s. 36 (2, 3) - 19/04/2021