SUCCESSION TO REAL AND PERSONAL ESTATE ON INTESTATCY

The residuary estate of an intestate shall be distributed in the manner or be held on trust under the following circumstances;

  1. If the intestate leaves a spouse;
  2. If the intestate leaves no issue, the residuary estate shall be held in trust for the surviving spouse.
  3. If the intestate leaves issue;
  4. The surviving spouse shall take the personal chattels absolutely.
  5. The residuary estate of the intestate (other than the personal chattels) shall stand charged with the payment of a fixed net sum, free of death duties and costs, to the surviving spouse together with simple interest on it from the date of the death.

Subject to the above provision, the residuary estate other than the personal chattels shall be held.

. As to one half, in trust for the surviving spouse and,

. The other half, on the statutory trusts for the issue of the intestate.

  • If the intestate leaves issue but no spouse, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate.
  • If the intestate leaves no spouse and no issue but both parents, then the residuary estate of the intestate shall be held in trust for the father and mother in equal shares absolutely.
  • If the intestate leaves no spouse, no issue but one parent, then, the residuary estate of the intestate shall be held in trust for the surviving father or mother absolutely.
  • If the intestate leaves no spouse, no issue, and no parents, then the residuary estate of the intestate shall be held in trust for the following persons living at the death of the intestate, and in the following order and manner;

. First, on the statutory trust for the brothers and sisters of the whole blood of the intestate, but if no person takes an absolutely vested interest under such trusts, then

. Secondly, on statutory trusts for the brothers and sisters of the half-blood of the intestate, but if no person takes an absolutely vested interest under such trusts, then

. Thirdly, for the grandparents of the intestate and, if more than one survives the intestate, in equal shares, but if there is no member of this class, then

. Fourthly, on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate), but if no person takes an absolutely vested interest under such trusts, then

. Fifthly, on the statutory trusts for the uncles and aunts of the intestate (being brother or sisters of half-blood of a parent of the intestate).

A husband and wife shall for all purposes of distribution or division in respect of the above positions be treated as two persons.

Where the intestate’s spouse survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, the above provision shall have effect as respect the intestate as if the spouse had not survived the intestate.

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