Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 52

Distribution on intestacy

52. Distribution on intestacy





(1) Where a person in respect of his or her residuary estate dies intestate
then subject to the provisions of section 51 and 51A the following provisions
shall have effect with respect to such estate:





   (a)  If the intestate leaves a partner she or he shall be entitled if the
        intestate leaves any issue to one-third of such estate;





   (b)  If the intestate leaves a father and a mother but no partner or issue
        such estate shall be distributed equally between the father and the
        mother;



* * * * *



   (e)  If the intestate leaves a father but no partner or issue or mother the
        father shall be entitled to such estate;



   (ea) If the intestate leaves a mother but no partner or issue or father the
        mother shall be entitled to such estate;





   (f)  Subject to the above-mentioned rights such estate or the portion
        thereof to which these rights do not extend shall be distributed in
        equal shares among the children of the intestate living at his or her
        decease and the representatives then living of any children who
        predeceased the intestate or if there are no such children or
        representatives among the next of kin of the intestate who are in
        equal degree and their representatives: Provided as follows:

   (i)  Where a child has any property real or personal or any estate or
        interest therein by settlement of the intestate or was advanced by the
        intestate in his or her lifetime that child or his or her
        representative shall bring such property estate interest or advance
        into account in estimating the share (if any) to be taken by him, her
        or them in the distribution;

   (ii) Except as hereinafter provided the children of any person who died
        before the intestate shall take only the share which that person would
        have taken if living at the death of the intestate and if more than
        one shall take the same in equal shares;

   (iii) No representation shall be admitted among collaterals after brothers'
        and sisters' children;

* * * * *





   (v)  Brothers or sisters or when they take as representatives brothers' or
        sisters' children shall take in priority to grandparents;

   (vi) Where brothers' or sisters' children are entitled and all the brothers
        or sisters of the intestate have died before him or her such children
        shall not take as representatives and all such children shall take in
        equal shares;

   (vii) There shall be no difference between males and females or between
        relationship of the whole blood and of the half blood;

   (viii) A husband and wife shall for all purposes of distribution and
        division be treated as two persons.

* * * * *