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27 1965

SUCCESSION ACT, 1965

PART VI

Distribution on Intestacy

Rules for distribution on intestacy.

66. —All estate to which a deceased person was beneficially entitled for an estate or interest not ceasing on his death and as to which he dies intestate after the commencement of this Act shall, after payment of all expenses, debts and liabilities and any legal right properly payable thereout, be distributed in accordance with this Part.

Shares of surviving spouse and issue.

[New. See 1695 (c. 6) ss. 1, 2, 3]

67. —(1) If an intestate dies leaving a spouse and no issue, the spouse shall take the whole estate.

(2) If an intestate dies leaving a spouse and issue—

(a) the spouse shall take two-thirds of the estate, and

(b) the remainder shall be distributed among the issue in accordance with subsection (4).

(3) If an intestate dies leaving issue and no spouse, his estate shall be distributed among the issue in accordance with subsection (4).

(4) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.

Shares of parents.

[New. See 1695 (c. 6) ss. 3, 8]

68. —If an intestate dies leaving neither spouse nor issue, his estate shall be distributed between his parents in equal shares if both survive the intestate, but, if only one parent survives, that parent shall take the whole estate.

Shares of brothers and sisters and their children.

[See 1695 (c. 6) ss. 2, 3]

69. —(1) If an intestate dies leaving neither spouse nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.

(2) If an intestate dies leaving neither spouse nor issue nor parent nor brother nor sister, his estate shall be distributed in equal shares among the children of his brothers and sisters.

Shares of next-of-kin.

[See 1695 (c. 6) ss. 2, 3]

70. —(1) If an intestate dies leaving neither spouse nor issue nor parent nor brother nor sister nor children of any deceased brother or sister, his estate shall, subject to the succeeding provisions of this Part, be distributed in equal shares among his next-of-kin.

(2) Representation of next-of-kin shall not be admitted amongst collaterals except in the case of children of brothers and sisters of the intestate where any other brother or sister of the intestate survives him.

Ascertainment of next-of-kin.

[New]

71. —(1) Subject to the rights of representation mentioned in subsection (2) of section 70, the person or persons who, at the date of the death of the intestate, stand nearest in blood relationship to him shall be taken to be his next-of-kin.

(2) Degrees of blood relationship of a direct lineal ancestor shall be computed by counting upwards from the intestate to that ancestor, and degrees of blood relationship of any other relative shall be ascertained by counting upwards from the intestate to the nearest ancestor common to the intestate and that relative, and then downward from that ancestor to the relative; but, where a direct lineal ancestor and any other relative are so ascertained to be within the same degree of blood relationship to the intestate, the other relative shall be preferred to the exclusion of the direct lineal ancestor.

Half-blood.

[New as regards real estate]

72. —Relatives of the half-blood shall be treated as, and shall succeed equally with, relatives of the whole blood in the same degree.

State as ultimate intestate successor.

[New. Replaces escheat and bona vacantia]

73. —(1) In default of any person taking the estate of an intestate, whether under this Part or otherwise, the State shall take the estate as ultimate intestate successor.

[Cf. 1954 (No. 25) s. 31]

(2) The Minister for Finance may, if he thinks proper to do so, waive, in whole or in part and in favour of such person and upon such terms (whether including or not including the payment of money) as he thinks proper having regard to all the circumstances of the case, the right of the State under this section.

(3) Section 32 of the State Property Act, 1954 (which provides for the disclaimer of certain land devolving on the State by way of escheat or as bona vacantia) shall extend to the grantee's interest under a fee farm grant and the lessee's interest under a lease, where the State has a right to such interest as ultimate intestate successor.

Partial intestacy.

[1830 (c. 40)]

74. —Where the will of a testator effectively disposes of part only of his estate, the remainder shall be distributed as if he had died intestate and left no other estate.

Construction of documents.

[New]

75. —(1) References to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, after the commencement of this Act shall, unless the contrary thereby appears, be construed as references to this Part; and references in such an instrument or will to statutory next-of-kin shall, unless the contrary thereby appears, be construed as referring to the persons who would succeed on an intestacy under the foregoing provisions of this Part.

(2) Trusts declared by reference to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Act shall, unless the contrary thereby appears, be construed as referring to the enactments (other than the Intestates' Estates Act, 1954 ) relating to the distribution of effects of intestates which were in force immediately before the commencement of this Act.