Australian Capital Territory Consolidated Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 49B

    (1)     If an intestate is survived by issue who are entitled to the whole or a part of the intestate estate—

        (a)     if only 1 child of the intestate survives the intestate—that person is entitled to the whole, or that part, of the intestate estate; or

        (b)     if the intestate is survived by the issue of his or her child or 1 of his or her children but by no other issue—those issue are entitled to the whole, or that part, of the intestate estate through all degrees according to their stocks, and, if there are more than 1 issue, in equal shares; or

        (c)     in any other case—the whole or that part of the intestate estate must be divided into a number of parts ascertained in accordance with subsection (2) and—

              (i)     any child of the intestate who survived the intestate is entitled to 1 of those parts; and

              (ii)     the issue of any child of the intestate who died before the intestate leaving issue who survived the intestate are entitled to 1 of those parts through all degrees, according to their stocks, and, if there are more than 1 issue, in equal shares.

    (2)     The number of parts for subsection (1) (c) is a number equal to the sum of—

        (a)     a number equal to the number of children (if any) of the intestate who survived the intestate; and

        (b)     a number equal to the number of children (if any) of the intestate who died before the intestate leaving a child or remoter issue who survived the intestate.