Distribution where there is a Spouse and Descendants <\/strong><\/p>\n

If a person is survived by both a spouse and descendants, then before any distribution the surviving spouse receives all of the deceased\u2019s household furnishings, and a preferential share of the estate. The amount of the preferential share depends on whether the surviving descendants are also descendants of the spouse. If all of the descendants are descendants of the spouse and the deceased, then the spouse\u2019s preferential share is $300,000. However, if any of the surviving descendants are not descendants of the spouse, the spouse\u2019s preferential share is $150,000. If the total value of the estate is less than the spouse\u2019s preferential share, then the spouse receives the entirety of the estate. If the estate still has remaining value after the surviving spouse receives their preferential share, the spouse will receive 50% of the residue, and the deceased\u2019s descendants will divide the other 50% of the residue per stirpes<\/em>.<\/p>\n

Distribution where there is no Spouse or Descendants<\/strong><\/p>\n

If the deceased has no surviving spouse or descendants, then the estate will be distributed to the deceased\u2019s relatives based on the priority schedule set out in section 23 of WESA. Under this priority schedule, each line of relatives must be exhausted before the next line can inherit. The order of distribution is:<\/p>\n