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Osgoode Hall Law School of York University
Osgoode Legal Studies Research Paper Series
Preferential Share, Succession Law Reform Act, Widows, Intestacy
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A History Of Preferential Share In Ontario: Intestacy Legislation And Conceptions Of The Deserving Or Undeserving Widow, Louise M. Mimnagh, Mcnamara Pizzale
A History Of Preferential Share In Ontario: Intestacy Legislation And Conceptions Of The Deserving Or Undeserving Widow, Louise M. Mimnagh, Mcnamara Pizzale
Osgoode Legal Studies Research Paper Series
Ontario’s current method for trying to ensure the fair distribution of an intestate’s estate, or the estate of an individual without a valid Last Will and Testament, is outlined in the Succession Law Reform Act. Specifically, section 45(1) outlines the foundational concept of a “preferential share,” which entitles the surviving spouse to a prescribed financial interest in the estate which is prioritized above all other heirs.
The concept of a preferential share stands in sharp contrast with historical English common law methods of devolving intestate estates in which legal entitlements were heavily influenced by an individual’s gender and marital status. …