What rights do heirs have under intestacy laws?

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.

Heirs under intestacy laws are entitled to inherit assets in accordance with a predetermined statutory hierarchy. This hierarchy is established by provincial laws, which dictate which relatives are prioritized for inheritance when someone dies without a valid will. The distribution typically follows a structured order, beginning with the closest relatives, such as a spouse and children, and then extending to more distant relatives if necessary.

This system ensures a fair and consistent method of distributing the deceased's assets, preventing potential disputes and variations that could arise if heirs were allowed to choose assets based on personal preferences, as indicated in one of the incorrect options. Intestacy laws are designed to reflect what the law considers to be the deceased's likely intentions, thereby providing a clear framework for estate distribution.

The other responses suggest either that heirs have no rights unless there is a will—contradicting the essence of intestacy laws—or that they can contest distributions freely, which only applies under specific circumstances and not as a general right under intestacy laws. Overall, the predetermined nature of the statutory hierarchy is what gives heirs their rights under these laws.

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