Consultation on The Intestate Succession Act, 1996

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By Melanie Hodges Neufeld

The Law Reform Commission of Saskatchewan recently released Reform of The Intestate Succession Act, 1996: Consultation Paper and are seeking feedback.  The Commission asks that the following questions guide responses:

  1. Is the spousal preferential share in The Intestate Succession Act, 1996 in need of reform? Why?
  2. Is the treatment of separated spouses under The Intestate Succession Act, 1996 in need of reform? Why?
  3. Is the treatment of common-law spouses under The Intestate Succession Act, 1996 in need of reform? Why?
  4. Should children conceived posthumously with the deceased’s genetic material, stepchildren and informally adopted children be able to inherit from an intestate? Why or why not?
  5. Should the doctrine of advancement be abolished or reformed? Why?
  6. Should next of kin be determined by the parentelic system of distribution? Why?
  7. Should The Intestate Succession Act, 1996 contain provisions for determining which law applies to immovable property located in Saskatchewan if the intestate is domiciled outside of the province? If yes, what rule should be added?
  8. Are there any cultural practices relating to intestate succession that should be incorporated or referenced in The Intestate Succession Act, 1996?

Responses may be sent no later than October 31, 2016.

Please see the Law Reform Commission website for more information, documents and survey.

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