Part 61 Distribution of estate if intestate

Part 6.1 Distribution of estate if intestate survived by partner 1 if the intestate is not The partner is entitled to the whole of the 2 if the intestate is 1 If the value of the intestate estate does not exceed $200 000, the partner is entitled to the whole of the intestate 2 If the value of the intestate estate exceeds $200 000, the partner is entitled to be paid out of the intestate estate— (a) $200 000; and (b) interest on that sum, calculated at the rate of 8% per annum from the date of the death of the intestate to the date that sum is paid or appropriated to the partner (inclusive); and Schedule 6 Distribution of intestate estate on intestacy Part 6.1 Distribution of estate if intestate survived by partner (c) an additional sum equal to— (i) if 1 child or the issue of 1 child of the intestate survives the intestate but no other issue of the intestate survives the intestate—1/2 of the value of the balance of the intestate estate; or (ii) in any other case—1/3 of the value of the balance of the intestate estate. 3 The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the partner of the sum or sums to which the partner is entitled under this item. Distribution of intestate estate on intestacy Schedule 6 Distribution of estate if intestate not survived by partner Part 6.2 Part 6.2 Distribution of estate if intestate not survived by partner 1 if the intestate is the issue are entitled to the whole of the 2 if the intestate is not survived by issue but is survived by a parent or both parents the parent is entitled to the whole of the intestate estate or, if both parents survive the intestate, the parents are entitled to the whole of the intestate estate in equal shares. 3 if the intestate is not survived by issue or by a parent but is survived by next of kin the next of kin are entitled to the intestate estate in accordance with section 49C. 4 if the intestate is not survived by issue, by a parent or by next of kin the Territory is entitled to the intestate (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • civil partner • civil union • civil union partner • Commonwealth country • domestic partner (see s 169 (1)) • foreign country • land • public trustee and guardian • State • Supreme Court. administration includes all letters of administration of the real and personal estate of deceased persons whether with or without the will annexed and whether granted for general, special, or limited purposes, exemplification of letters of administration and any other formal evidence of the letters of administration purporting to be under the seal of a court of competent jurisdiction that is in the opinion of the Supreme Court sufficient. administration bond means a bond or guarantee, with or without sureties, prescribed under the rules. administrator includes any person to whom administration is granted. distribute means to pay, deliver, or divide the estate or property referred to, to or among the person or persons entitled under any intestacy or under any will. dwelling house, for division 3A.3 (Rights of partners to intestate dwelling houses)—see section 49F. election means an election to administer the estate or a part of the estate of a deceased person. eligible partner, of an intestate, for part 3A (Intestacy)—see section 44. intestate, for part 3A (Intestacy)—see section 44. intestate estate, in relation to an intestate, for part 3A (Intestacy)— see section 44. original executor, for division 3.4 (Position of executor of an executor)—see section 43A. partner, for part 3A (Intestacy)—see section 44. personal chattels, in relation to an intestate, for part 3A (Intestacy)— see section 44. personal representative, in relation to an intestate, for part 3A (Intestacy)—see section 44. prescribed means prescribed by rules. probate includes exemplification of probate or any other formal document, purporting to be under the seal of a court of competent jurisdiction, that, in the opinion of the Supreme Court, is sufficient. public trustee, in relation to a foreign country, includes an officer of the country who is entitled under a law of the country to apply, if a deceased person has died intestate leaving no next of kin, to a court for an order that authorises the officer to administer the estate of the deceased person. purposes of administration includes the payment in due course of administration of the debts, funeral and testamentary expenses duties and commission, and the costs, charges and expenses of the executor or administrator, and any costs that may be ordered to be paid out of the estate. registrar means the registrar of the Supreme Court. representation— (a) for this Act generally—means the probate of a will and administration; and (b) in relation to an intestate, for division 3A.3 (Rights of partners to intestate dwelling houses)—see section 49F. rules mean rules under the Court Procedures Act 2004 that apply in relation to the Supreme Court. will includes a codicil. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired This Act was originally a Commonwealth ordinance—the Administration and Probate Ordinance 1929 No 18 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1992 under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (7). As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s 5 on its conversion to an ACT enactment on 1 July 1992. Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Administration and Probate Act 1929 A1929-18 notified 10 October 1929 (Cwlth Gaz 1929 No 95) commenced 21 October 1929 (s 2) as amended by Administration and Probate Ordinance 1930 Ord1930-11 notified 25 July 1930 (Cwlth Gaz 1930 No 64) commenced 25 July 1930 (see Seat of Government (Administration) Administration and Probate Ordinance 1932 Ord1932-13 notified 28 April 1932 (Cwlth Gaz 1932 No 38) commenced 28 April 1932 (see Seat of Government (Administration) Administration and Probate Ordinance 1933 Ord1933-9 notified 4 May 1933 (Cwlth Gaz 1933 No 29) commenced 4 May 1933 (see Seat of Government (Administration) Administration and Probate Ordinance 1934 Ord1934-2 notified 8 February 1934 (Cwlth Gaz 1934 No 8) commenced 8 February 1934 (see Seat of Government Administration and Probate Ordinance (No 2) 1934 Ord1934-6 notified 22 March 1934 (Cwlth Gaz 1934 No 17) commenced 22 March 1934 (see Seat of Government (Administration) Administration and Probate Ordinance 1937 Ord1937-3 notified 18 March 1937 (Cwlth Gaz 1937 No 12) commenced 18 March 1937 (see Seat of Government (Administration) Administration and Probate Ordinance (No 2) 1937 Ord1937-13 notified 19 August 1937 (Cwlth Gaz 1937 No 46) commenced 19 August 1937 (see Seat of Government (Administration) Ordinances Revision Ordinance 1937 Ord1937-27 sch 2 notified 23 December 1937 (Cwlth Gaz 1937 No 75) commenced 23 December 1937 (see Seat of Government Ordinances Revision Ordinance 1938 Ord1938-35 sch 2 notified 15 December 1938 (Cwlth Gaz 1938 No 79) commenced 15 December 1938 (see Seat of Government Administration and Probate Ordinance 1943 Ord1943-7 notified 13 May 1943 (Cwlth Gaz 1943 No 102) commenced 13 May 1943 (see Seat of Government (Administration) Trustee Companies Ordinance 1947 Ord1947-15 notified 18 December 1947 (Cwlth Gaz 1947 No 241) commenced 18 December 1947 (see Seat of Government Administration and Probate Ordinance 1950 Ord1950-16 notified 21 December 1950 (Cwlth Gaz 1950 No 81) commenced 21 December 1950 (see Seat of Government Administration and Probate Ordinance 1953 Ord1953-5 notified 27 February 1953 (Cwlth Gaz 1953 No 12) commenced 27 February 1953 (see Seat of Government Administration and Probate Ordinance (No 2) 1953 Ord1954-2 notified 7 January 1954 (Cwlth Gaz 1954 No 1) commenced 7 January 1954 (see Seat of Government (Administration) Administration and Probate Ordinance 1960 Ord1960-6 notified 9 September 1960 (Cwlth Gaz 1960 No 63) commenced 12 September 1960 (s 2) Administration and Probate Ordinance 1965 Ord1965-20 notified 21 December 1965 (Cwlth Gaz 1965 No 101A) commenced 1 January 1966 (s 2) Administration and Probate Ordinance 1967 Ord1967-9 (as am by Ord1967-23) notified 18 May 1967 (Cwlth Gaz 1967 No 43) s 1, s 2, s 7, s 10, s 12 commenced 18 May 1967 (s 2 (1)) remainder commenced 1 July 1967 (s 2 (2)) Administration and Probate Ordinance 1969 Ord1969-16 notified 14 August 1969 (Cwlth Gaz 1969 No 70) commenced 1 September 1969 (s 2 and see Cwlth Gaz 1969 No 72) Administration and Probate Ordinance 1970 Ord1970-25 notified 2 July 1970 (Cwlth Gaz 1970 No 53) commenced 20 July 1970 (s 2 and Cwlth Gaz 1970 No 59) Administration and Probate Ordinance 1974 Ord1974-27 (as am by Ord1974-43) notified 13 August 1974 (Cwlth Gaz 1974 No 66) commenced 13 August 1974 (see Seat of Government (Administration) Administration and Probate Ordinance (No 2) 1974 Ord1974-43 (as am by Ord1974-47 sch 3) notified 18 October 1974 (Cwlth Gaz 1974 No 84B but see Cwlth Gaz