ACTIn ForceAct
Administration and Probate Act 1929
49Distribution of intestate estate
Start here
Get a plain-English read of 49
Turn the raw legal text into a practical explanation grounded in Administration and Probate Act 1929.
49 Distribution of intestate estate
(1) The person or persons entitled to take an interest in an intestate estate,
and the interest in that estate that that person or those persons are
entitled to take must, subject to this division, be ascertained by
reference to schedule 6 according to the facts and circumstances
existing in relation to the intestate.
(2) If an intestate is survived by his or her partner, the intestate estate is
taken, for schedule 6 and subsection (3), not to include any personal
chattels of the intestate.
(3) For schedule 6, the value of an intestate estate must be ascertained by
deducting from the gross value of that intestate estate an amount equal
to such of the debts and liabilities of the estate, the funeral and
testamentary expenses, the costs and expenses of administering the
estate and the estate duties, probate duties and death duties payable in
relation to the estate as are payable out of that intestate estate.
(4) If an item of schedule 6 provides for the payment of a sum and interest
on that sum out of an intestate estate and then provides for the
payment of an additional sum equal to a particular proportion of the
value of the balance of the intestate estate, the value of the balance of
the intestate estate must be ascertained for that item by ascertaining
the value of the intestate estate in the way provided by subsection (3)
and deducting from that value the firstmentioned sum and the interest
payable on that sum.
(5) For schedule 6—
(a) the brothers and sisters of an intestate; and
(b) the grandparents of an intestate; and
(c) the brothers and sisters of a parent of an intestate; and
(d) the issue of any of those brothers or sisters who predeceased the
intestate;
are the next of kin of the intestate.