What occurs in a case of partial intestacy?

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.

In a case of partial intestacy, a will exists but does not cover all assets of the deceased. This situation arises when the decedent has made a will that outlines how certain assets should be distributed, yet there are additional assets that have not been addressed within that will. As a result, those unaccounted assets will be distributed according to the intestacy laws of Ontario, which dictate how assets are allocated when there is no clear direction from the deceased.

This framework ensures that while the wishes expressed in the will are upheld for the assets covered, the assets not mentioned will follow statutory protocols to ensure an equitable distribution among eligible heirs. Therefore, the presence of a will in this circumstance, along with the incompleteness regarding some assets, distinctly defines partial intestacy.

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