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