In intestacy, how is the estate divided if there are two children?

In cases of intestacy, the distribution of an estate when one spouse has died and there are surviving children typically adheres to statutory guidelines established by provincial law. In the scenario where there are two children, the rules dictate that the surviving spouse, or widow, retains a portion of the estate alongside the children.

The correct understanding of how the estate is divided includes the fact that the widow receives a specified amount as marital property, which may include the right to inherit a share of the remaining estate. Statutes often provide that the widow receives a percentage of the residue of the estate after the marital property has been allocated, commonly one-third. The remaining two-thirds would then be divided equally between the two children.

Therefore, under the intestate succession laws, the answer indicating that the widow receives marital property and one-third of the residue accurately reflects the legal framework for distributing the estate in this context. This ensures that both the dependent spouse and the children are provided for following the death of the intestate individual.