South Australian Consolidated Acts South Australian Consolidated Acts72J—Distribution amongst relatives
The following rules govern distribution of an intestate estate amongst
relatives, or issue of relatives, of the intestate:
(a)
where the intestate is survived by a single relative of the first degree, that
relative is entitled to the whole of the intestate estate, and where the
intestate is survived by two relatives of the first degree, those relatives
are entitled to the whole of the intestate estate in equal shares;
(b)
where the intestate is not survived by a relative of the first degree but is
survived by a relative of the second degree or issue of any such relative,
then—
(i)
if the intestate is survived by one
relative of the second degree, and by no issue of any such relative who
predeceased him, the surviving relative is entitled to the whole of the
intestate estate;
(ii)
if the intestate is survived by relatives of the second
degree, and by no issue of any such relative who predeceased him, those
relatives are entitled to the whole of the intestate estate in equal shares;
(iii)
if the intestate is survived by a
relative of the second degree, and by issue of any such relative who
predeceased him, the intestate estate shall be divided into portions equal in
number to the number of relatives of the second degree of the intestate who
either survived the intestate or left issue who survived him and—
(A) any relative of the second degree who
survived the intestate is entitled to one of those portions; and
(B) where a relative of the second degree
died before the intestate leaving issue that survived the intestate, the 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);
(iv)
if the intestate is not survived by a
relative of the second degree, but is survived by issue of such a relative,
the intestate estate shall devolve upon that issue as if the issue were issue
of the intestate;
(c)
where the intestate is not survived by any relative of the first or second
degree, or by issue of a relative of the second degree, but is survived by a
relative or relatives of the third degree, then—
(i)
if the intestate is survived by only one such relative,
that relative is entitled to the whole of the intestate estate; or
(ii)
if the intestate is survived by more than one such
relative, those relatives are entitled to the whole of the intestate estate in
equal shares;
(d)
where the intestate is not survived by a relative of the first, second or
third degree, or by issue of a relative of the second degree, but is survived
by a relative of the fourth degree, or by issue of such a relative,
then—
(i)
if the intestate is survived by one
relative of the fourth degree, and by no issue of any such relative who
predeceased him, the surviving relative is entitled to the whole of the
intestate estate;
(ii)
if the intestate is survived by relatives of the fourth
degree, and by no issue of any such relative who predeceased him, those
relatives are entitled to the whole of the intestate estate in equal shares;
(iii)
if the intestate is survived by a
relative of the fourth degree, and by issue of any such relative who
predeceased him, the intestate estate shall be divided in the portions equal
in number to the number of relatives of the fourth degree of the intestate who
either survived the intestate or left issue who survived him and—
(A) any relative of the fourth degree who
survived the intestate is entitled to one of those portions; and
(B) where a relative of the fourth degree
died before the intestate leaving issue that survived the intestate, the 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);
(iv)
where the intestate is not survived by a
relative of the fourth degree, but is survived by issue of such a relative,
the intestate estate shall devolve upon that issue, as if the issue were issue
of the intestate.