Distribution of intestate estate upon intestacy
Schedule 6 Distribution of intestate estate upon intestacy
section 66
PART I – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY
A SPOUSE AND NOT BY ANY DE FACTO PARTNER
Item |
Circumstances |
Manner in which the intestate estate of the intestate is to be distributed |
1. |
Where the intestate is not survived by: (a) issue; or (b) a parent, a brother or sister or the issue of a brother or sister. |
The spouse is entitled to the whole of the intestate estate. |
2. |
Where the intestate is survived by issue. |
1. The spouse is entitled: (a) if the value of the intestate estate does not exceed the prescribed amount – to the whole of the intestate estate; or (b) if the value of the intestate estate exceeds the prescribed amount – to be paid out of the intestate estate the prescribed sum and an additional sum equal to: (i) if one child or the issue of one child of the intestate but no other issue of the intestate survives the intestate – one‑half of the value of the balance of the intestate estate; or (ii) if any other case – one‑third of the value of the balance of the intestate estate. 2. The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1. |
3. |
Where the intestate is not survived by issue but is survived by a parent, brother or sister or the issue of a brother or sister. |
1. the spouse is entitled: (a) if the value of the intestate estate does not exceed the prescribed amount – to the whole of the intestate estate; or (b) if the value of the intestate estate exceeds the prescribed amount – to be paid out of the intestate estate the prescribed sum and an additional sum equal to one-half of the value of the balance of the intestate estate. 2. If the intestate is survived by one or both of his or her parents (whether or not the intestate is also survived by a brother or sister or the issue of a brother or sister), the surviving parent is entitled, or the parents are entitled in equal shares, as the case may be, to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1. 3. If the intestate is not survived by a parent, the brothers and sisters of the intestate who survived the intestate, and the issue who survive the intestate of a brother or sister of the intestate who died before the intestate, are entitled to the balance (if any) of the intestate estate, after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1 of this item in the shares in which he, she or they would have been entitled to the intestate estate if the intestate had not been survived by his or her spouse. |
PART II – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY
A DE FACTO PARTNER BUT NOT BY A SPOUSE
Where the intestate is survived by a de facto partner, but not by a spouse:
if the intestate is not survived by issue, item 1 or (as the case requires) 3 in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner; and
if the intestate is survived by issue, item 2 in Part I shall apply similarly where:
the issue are, or include, issue of the intestate and the de facto partner; or
the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate's death,
but in any other case the issue shall be entitled to the whole of the intestate estate.
PART III – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY
BOTH A SPOUSE AND A DE FACTO PARTNER
1. Where the intestate is survived by both a spouse and a de facto partner, and:
the de facto partner was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate's death, and the intestate did not at any time during that period live with the person to whom he or she was married; or
the intestate is also survived by issue of the intestate and the de facto partner,
items 1 to 3 (inclusive) in Part I shall apply as if references to the spouse of the intestate were references to the de facto partner.
2. Where the intestate is survived by both a spouse and a de facto partner and clause 1 does not apply, the intestate shall be treated as having been survived by the spouse and not by the de facto partner, and Part I shall have effect accordingly.
PART IV – MANNER OF DISTRIBUTION WHERE INTESTATE IS SURVIVED BY
NEITHER A SPOUSE NOR A DE FACTO PARTNER
Item |
Circumstances |
Manner in which the intestate estate of the intestate is to be distributed |
1. |
Where the intestate is survived by issue. |
The issue are entitled to the whole of the intestate estate. |
2. |
Where the intestate is not survived by issue but is survived by a parent or both parents. |
The parent is entitled to the whole of the intestate estate or, if both parents survive the intestate, the parents are entitled to the whole of the intestate estate in equal shares. |
3. |
Where the intestate is not survived by issue or by a parent but is survived by next of kin. |
The next of kin are entitled to the intestate estate in accordance with section 69. |
4. |
Where the intestate is not survived by issue, by a parent or by next of kin. |
The intestate estate shall be deemed to be bona vacantia and the Territory is entitled to it. |
This provision refers to the regulations (prescribed amount
). Made under this Act:
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