13Real and personal estate in case of intestacy

##### 13. Real and personal estate in case of intestacy (1) Where, after the coming into operation of section 4 of the *Administration Act Amendment Act 1976*, any person dies intestate as to all or any of his property, the administrator, or in case of partial intestacy, the executor or administrator with the will annexed, shall, subject to sections 9, 10 and 10A, hold the real and personal estate to which the intestacy applies, and which vests in him under section 8, on trust for the persons who are entitled thereto under sections 14 and 15. (1a) When, pursuant to subsection (1), real estate is held on trust for 2 or more persons, it shall be held as if it had been devised to those persons as tenants in common. (1b) The estates of all persons who have died intestate as to all or any of their property before the coming into operation of section 4 of the *Administration Act Amendment Act 1976* shall be held and distributed in accordance with the enactments and rules of law which would have applied to those estates if that Act had not been passed. (2) No executor, as such, shall be entitled to take beneficially any residue not expressly disposed of by the will of the testator, unless it appear by such will that he is intended so to take. (3) Nothing herein contained shall affect or prejudice any right to which an executor would have been entitled if this Act had not been passed, in cases where there is not any person who would be entitled to the testator’s estate in respect of any residue not expressly disposed of. [Section 13 amended: No. 28 of 1934 s. 77(3)(b) and (4); No. 138 of 1976 s. 3; No. 72 of 1984 s. 6; No. 25 of 2002 s. 52.]