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Order of succession for death after 31.8.1997

Spouse but no issue or parent(s)

The spouse entitled to the whole of the estate.

Spouse and parent(s) but no issue

The spouse is entitled to 1/2 of the estate and the parent(s) entitled to the remaining 1/2.

Issue but no spouse, no parent(s)

Equally between issues and if any predecease the intestate leaving issue, such issue to take in equal shares if more than one the share which their parent would have taken.

Parent(s) but no spouse no issue

Surviving parent or parents entitled to the whole of the estate.

Spouse and issue but no parent(s)

Spouse entitled to 1/3 and the remaining 2/3 equally between the issues and if any predecease the intestate but leaving issue, such issue to take in equal shares if more than one the share which their parent would have taken.

Issue and parent(s) but no spouse

2/3 equally between issues and the remaining 1/3 to parent or parents. If any issue predeceases the intestate leaving issue, their issues share equally in that share.

Spouse, issue and parent(s)

Spouse entitled to 1/4, the issue 1/2 and parent or parents the remaining 1/4. If any issue predeceases the intestate leaving issue, their issues share equally in that share.

No spouse, no issue, parent(s)

  • Then brothers and sisters
  • Then grandparents
  • Then aunts and uncles
  • Then great grandparents
  • Then on trust for great grand uncles and great grand aunts
  • Government except in so far as the same consists of land.

This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.

Jump to this this section below.

Wills - Step by Step Guide & Precedents

by By Lawyers For Lawyers author - C M Teng

Overview

This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:

  1. for a single testator
  2. for spouse to spouse, and then children; and
  3. using schedules for use in blended family and other more complex situations

As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.

A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.

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