If there is a widow and no children in an intestate succession, what happens to the estate?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In cases of intestate succession, the distribution of an individual's estate follows the laws set out by the jurisdiction regarding inheritance when a person passes away without a will. In the scenario where there is a widow and no children, the legal framework typically prioritizes the spouse in inheritance matters. Therefore, the widow is entitled to receive the entirety of the estate.

This answer aligns with general intestacy laws which generally designate a spouse as the primary beneficiary when no children or other immediate heirs are present. Such provisions serve to protect the surviving spouse, ensuring they have full access to the deceased's assets to maintain their standard of living.

The other options, such as dividing the estate among relatives, donating to charity, or state management, do not apply in this context when a widow exists as the sole surviving spouse without children. These alternatives relate more to situations where a spouse is absent or where other legal heirs are present, but in this case, the law directly supports the widow's claim to the entire estate.

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