Saskatchewan Intestacy Calculator: Dying Without a Will
Calculate estate distribution in Saskatchewan under The Intestate Succession Act, 2019. See who inherits with the prairie formula 50/50 split.
Your Situation
Federal Indian Act rules apply instead of provincial laws
Saskatchewan Rules:
• Preferential amount: $100,000
• Common-law recognized: Yes (2 years)
The Intestate Succession Act, 2019, S.S. 2019, c. I-13.2
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
Saskatchewan
Distribution Breakdown
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Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 60.0% | $300,000 | Preferential $100,000 + 50% of remainder |
| Child 1 | Child | 20.0% | $100,000 | Share of 50% remainder divided equally |
| Child 2 | Child | 20.0% | $100,000 | Share of 50% remainder divided equally |
How the Distribution is Calculated
Saskatchewan Intestacy Formula:
1. Spouse receives preferential amount: $100,000
2. Remainder: $500,000 - $100,000 = $400,000
3. Spouse receives 50% of remainder: $200,000
4. Spouse total: $100,000 + $200,000 = $300,000
5. Children split 50% of remainder: $200,000 ÷ 2 = $100,000 each
Legislation: The Intestate Succession Act, 2019, S.S. 2019, c. I-13.2
About Saskatchewan Intestacy Laws
Preferential Share
$100,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 2 years of continuous cohabitation
Recognition threshold
Distribution Split
Spouse receives first $100,000, then 50% of remainder. Children share remaining 50%.
Between spouse & children
Overview
Saskatchewan's intestacy laws are governed by The Intestate Succession Act, 2019, which replaced the older 1996 Act. The 2019 Act modernized Saskatchewan's succession laws and clarified several ambiguous provisions. The preferential share is $100,000, which is moderate among Canadian provinces. After this amount, Saskatchewan uses the "prairie formula" where the estate remainder is split 50/50 between the surviving spouse and children. This formula balances the needs of surviving spouses with the inheritance rights of children.
Key Intestacy Rules
- •Preferential share of $100,000
- •Common-law partners recognized after 2 years
- •Spouse gets 50% of remainder, children get 50%
- •Uses the prairie formula (50/50 split)
- •Stepchildren do NOT inherit unless adopted
- •All children inherit equally
Distribution Rules
Saskatchewan follows the typical prairie hierarchy: First, the married spouse or common-law partner receives the first $100,000 and then 50% of any remainder. Second, children share the remaining 50% equally. Third, if there's no spouse, children take everything equally. Fourth, if no descendants, parents inherit the entire estate. Fifth, siblings if no parents are alive. Sixth, more distant relatives in order of proximity. Finally, if no relatives can be found, the estate escheats to the Saskatchewan government. The 50/50 split is considered fair by balancing interests of all parties.
Common-law Partner Recognition
Saskatchewan recognizes common-law partners after two continuous years of cohabitation in a conjugal relationship. This is one of the shortest recognition periods in Canada, tied with BC and shorter than Ontario's 3 years. The Family Property Act defines "spouse" to include both married and common-law partners for succession purposes. Importantly, Saskatchewan treats common-law partners identically to married spouses for intestacy - there is no distinction in inheritance rights. If your relationship is under 2 years, your partner will NOT inherit unless you have a will.
Special Considerations
Saskatchewan's 2019 Act includes several important provisions: (1) The preferential share of $100,000 is set by regulation and can be adjusted without amending the Act. (2) Stepchildren do NOT inherit unless they were legally adopted. (3) Adopted children have identical rights to biological children. (4) Half-siblings inherit equally with full siblings. (5) Posthumous children conceived before death but born after inherit as if alive at death. (6) Saskatchewan uses "per stirpes" distribution where grandchildren step into their deceased parent's shoes. (7) The Act clarifies that "spouse" includes common-law partners meeting the 2-year threshold. (8) Estates with no heirs escheat to the Crown, with the Public Guardian and Trustee administering the assets.
Unique Features
- ✓Saskatchewan uses the prairie formula with a 50/50 split after the preferential share
- ✓Common-law recognition after just 2 years, one of the shortest periods in Canada
- ✓The Intestate Succession Act, 2019 is relatively new and modernized
- ✓Preferential share is moderate at $100,000
- ✓Clear and straightforward distribution rules
Governing Legislation
The Intestate Succession Act, 2019, S.S. 2019, c. I-13.2
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law