In situations where a person has died without a will, the Estate Administration Act sets out the procedure with respect to the distribution of the estate. The court will appoint an individual to manage the estate. Disputes may arise as to, among other things, who will act as administrator, and what assets are to be included in the estate. The order of priority for the right to administer and inherit is as follows:

• Spouses (including common-law and same-sex spouses)
• Children, grandchildren
• Parents
• Siblings
• Nieces & nephews
• Next of kin

If an individual would like to be appointed the administrator of the estate, they can apply to the court for Letters of Administration.

If you have any questions or concerns regarding an intestate deceased please complete our Estate Litigation Assessment Form and a member of our Estate Litigation department will contact you within one business day.

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