1(1) In this Act,

1(1) In this Act,

"common-law partner" means a person who, not being married to the other person, cohabited with him or her in a conjugal relationship

(c) for a period of not less than 3 years, or

(d) for a period of at least one year and they are together the parents of a child.

2(1) If an intestate dies leaving a surviving spouse and no issue, the entire intestate estate goes to the surviving spouse.

2(1) If an intestate dies leaving a surviving spouse or common-law partner and no issue, the entire intestate estate goes to the surviving spouse or common-law partner.

2(2) If an intestate dies leaving a surviving spouse and issue, and all of the issue are also issue of the surviving spouse, the entire intestate estate goes to the surviving spouse.

2(2) If an intestate dies leaving a surviving spouse or common-law partner and issue, and all of the issue are also issue of the surviving spouse or common-law partner, the entire intestate estate goes to the surviving spouse or common-law partner.

2(3) If an intestate dies leaving a surviving spouse and issue, and one or more of the issue are not also issue of the surviving spouse, the share of the surviving spouse is

(a)$50,000, or one-half of the intestate estate whichever is greater, and

(b)one-half of any remainder of the intestate estate after allocation of the share provided by clause (a).

2(3) If an intestate dies leaving a surviving spouse or common-law partner and issue, and one or more of the issue are not also issue of the surviving spouse or common-law partner, the share of the surviving spouse or common-law partner is

(a)$50,000, or one-half of the intestate estate whichever is greater, and

(b)one-half of any remainder of the intestate estate after allocation of the share provided by clause (a).

2(4) The maximum entitlement set out in clause (3)(a) shall be reduced by an amount equal to the value of any benefits received by the surviving spouse under a will of the deceased.

2(4) The maximum entitlement set out in clause (3)(a) shall be reduced by an amount equal to the value of any benefits received by the surviving spouse or common-law partner under a will of the deceased.

3 If, at the time of the intestate's death, the intestate and his or her spouse were living separate and apart from one another, and one or both of the following conditions is satisfied:

(a) during the period of separation, one or both of the spouses made an application for divorce or an accounting or equalization of assets under The Marital Property Act and the application was pending or had been dealt with by way of final order at the time of the intestate's death;

(b) before the intestate's death, the intestate and his or her spouse divided their property in a manner that was intended by them, or appears to have been intended by them, to separate and finalize their affairs in recognition of their marriage breakdown;

the surviving spouse shall be treated as if he or she had predeceased the intestate.

3 If, at the time of the intestate's death, the intestate and his or her spouse or common-law partner were living separate and apart from one another, and one or both of the following conditions is satisfied:

(a) during the period of separation, one or both of the spouses or common-law partners made an application for divorce or an accounting or equalization of assets under The Family Property Act and the application was pending or had been dealt with by way of final order at the time of the intestate's death;

(b) before the intestate's death, the intestate and his or her spouse or common-law partner divided their property in a manner that was intended by them, or appears to have been intended by them, to separate and finalize their affairs in recognition of their marriage breakdown;

the surviving spouse or common-law partner shall be treated as if he or she had predeceased the intestate.

4(1) The part of the intestate estate not included in the share of the surviving spouse, or the entire estate if there is no surviving spouse, shall be distributed in accordance with this section.

4(1) The part of the intestate estate not included in the share of the surviving spouse or common-law partner, or the entire estate if there is no surviving spouse or common-law partner, shall be distributed in accordance with this section.

4(3) If there is no surviving issue, the estate goes to the parents of the intestate in equal shares or to the survivor of them.

4(3) If there is no surviving issue, the estate goes to the parents of the intestate in equal shares or to the survivor of them.

4(4) If there is no surviving issue or parent, the estate goes to the issue of the parents of the intestate or either of them to be distributed per capita at each generation as provided in section 5.

4(4) If there is no surviving issue or parent, the estate goes to the issue of the parents of the intestate or either of them to be distributed per capita at each generation as provided in section 5.

10 The rights of a surviving spouse under this Act are in addition to the spouse's entitlement to a life estate in the homestead under The Homesteads Act.

10 The rights of a surviving spouse or common-law partner under this Act are in addition to the spouse's or common-law partner's entitlement to a life estate in the homestead under The Homesteads Act.