ADMINISTRATION AND PROBATE ACT 1919 - SECT 72I

ADMINISTRATION AND PROBATE ACT 1919 - SECT 72I

72I—Distribution amongst issue

The following rules govern distribution of an intestate estate, or part of an intestate estate, amongst issue of the intestate:

            (a)         if the intestate is survived by a child and by no other issue (apart from issue of that child) that child is entitled to the whole, or that part (as the case may be) of the intestate estate; and

            (b)         if the intestate is survived by children and by no other issue (apart from issue of those children) those children are entitled to the whole, or that part (as the case may be) of the intestate estate, in equal shares; and

            (c)         if the intestate is survived by a grandchild and by no other issue (apart from issue of that grandchild) that grandchild is entitled to the whole, or that part (as the case may be) of the intestate estate; and

            (d)         if the intestate is survived by grandchildren and by no other issue (apart from issue of those grandchildren) those grandchildren are entitled to the whole or that part (as the case may be) of the intestate estate in equal shares; and

            (e)         in any other case, the whole or that part of the intestate estate shall be divided into portions equal in number to the number of children of the intestate who either survived the intestate or left issue who survived him and—

                  (i)         a child (if any) of the intestate who survived the intestate is entitled to one of the portions;

                  (ii)         where a child of the intestate died before the intestate leaving issue that survived the intestate, that issue is entitled per stirpem (through all degrees) to one of those portions (and if the issue comprises two or more persons, they share equally).