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INTESTACY ACT 2010

- Act 19 of 2010 - Royal Assent 14 October 2010

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Purpose of Act
  • 4 Interpretation
  • 5 Intestate
  • 6 Spouse
  • 7 Spouse's statutory legacy
  • 8 Survivorship
  • 9 General limitation of non-spousal entitlements
  • 10 Adoption

PART 2 - Spouse's Entitlements Division 1 - Entitlement of surviving

spouse
  • 11 Application of this Division
  • 12 Spouse's entitlement where there are no issue
  • 13 Spouse's entitlement where issue are also issue of the spouse
  • 14 Spouse's entitlement where at least one issue is not issue of the
  • spouse

Division 2 - Spouse's preferential right to acquire property from

the estate
  • 15 Application of this Division
  • 16 Spouse's right of election
  • 17 Notice to be given to spouse of right of election
  • 18 Time for making election
  • 19 How election to be made
  • 20 Basis of election
  • 21 Exercise price – how satisfied
  • 22 Restriction on disposal of property from intestate estate

Division 3 - Multiple spouses

  • 23 Spouse's entitlement where more than one spouse but no issue
  • 24 Spouse's entitlement where issue are all issue of one or more
  • surviving spouse
  • 25 Spouse's entitlement where any issue are not issue of a surviving
  • spouse
  • 26 Sharing between spouses
  • 27 Distribution orders

PART 3 - Distribution Among Relatives

  • 28 Entitlement of children
  • 29 Parents
  • 30 Brothers and sisters
  • 31 Grandparents
  • 32 Aunts and uncles
  • 33 Entitlement to take in separate capacities

PART 4 - Indigenous Estates

  • 34 Application for distribution order
  • 35 Distribution orders
  • 36 Effect of distribution order under this Part

PART 5 - Absence of Persons Entitled

  • 37 Intestate leaving no persons entitled
  • 38 State has discretion to make provision out of property to which it
  • becomes entitled

PART 6 - Miscellaneous

  • 39 Non-deferral of interest of minor
  • 40 Effect of disclaimer, &c.
  • 41 Effect of testamentary and other gifts
  • 42 Administrator may cease to search for next of kin in certain
  • circumstances
  • 43 Administrator may pay funds of estate to persons where search has
  • ceased for next of kin
  • 44 Where search has ceased for next of kin and no persons entitled
  • are located
  • 45 Administration of Act
  • 46 Transitional provision

PART 7 - Administration and Probate Act 1935 Amended

  • 47 Section 47
  • 48 Section 48

PART 8 - Duties Act 2001 Amended

  • 49 Section 49
  • 50 Section 50

PART 9 - Testator's Family Maintenance Act 1912 Amended

  • 51 Section 51
  • 52 Section 52
  • [ Note: This table has been automatically generated and may be incomplete. ]

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