What does 'intestacy' imply?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

Intestacy refers specifically to the situation in which an individual dies without having created a legally valid will. This means that the deceased's assets will be distributed according to the rules established by the provincial legislation, known as intestacy laws, rather than according to the deceased's wishes. These laws dictate how property is allocated among surviving relatives, which can include spouses, children, parents, and siblings, depending on the specific circumstances of each case.

The other options, while they may be related to aspects of estate law, do not accurately define intestacy. An estate without living relatives is a different circumstance that would not specifically denote intestacy—it could refer to situations where no heirs exist, leading to the government taking the estate. An estate subject to legal disputes may occur whether there is a will or not, as disagreements can arise among beneficiaries. An estate undergoing probate indicates that the will is being validated and processed, a situation that does not apply when someone dies intestate, since there is no will to probate. Thus, "an estate where the deceased had no will" is the most precise description of intestacy.

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