70ZDistribution if intestate leaves more than one partner and no issue

70Z Distribution if intestate leaves more than one partner and no issue If an intestate does not leave any child or other issue but leaves more than one partner, the partners are entitled to the whole of the intestate's residuary estate— (a) if there is a distribution agreement, in shares in accordance with that agreement; or (b) if there is a distribution order, in accordance with that order; or (c) in equal shares, in accordance with section 70ZE. S. 70ZA inserted by No. 41/2017 s. 11. 70ZA Distribution if intestate leaves more than one partner and child or issue of one or more of those partners If an intestate leaves more than one partner and a child or other issue who are also a child or other issue of one or more of those partners, the partners are entitled to the whole of the intestate's residuary estate— (a) if there is a distribution agreement, in shares in accordance with that agreement; or (b) if there is a distribution order, in accordance with that order; or (c) in equal shares in accordance with section 70ZE. S. 70ZB inserted by No. 41/2017 s. 11. 70ZB Distribution if intestate leaves more than one partner and child or issue not the child or issue of one or more of those partners (1) If an intestate leaves more than one partner and a child or other issue not a child or other issue of any of those partners, the partners are entitled— (a) to share the personal chattels of the intestate as follows— (i) if there is a distribution agreement, in shares in accordance with that agreement; or (ii) if there is a distribution order, in accordance with that order; or (iii) in equal shares in accordance with section 70ZE; and (b) if the intestate's residuary estate is worth not more than the amount of the partner's statutory legacy payable if the intestate had left only one partner, to share the residuary estate as follows— (i) if there is a distribution agreement, in shares in accordance with that agreement; or (ii) if there is a distribution order, in accordance with that order; or (iii) in equal shares in accordance with section 70ZE; and (c) if the intestate's residuary estate is worth more than the amount of the partner's statutory legacy payable if the intestate had left only one partner, to— (i) the amount of the partner's statutory legacy shared in accordance with paragraph (b); and (ii) interest on that partner's statutory legacy calculated at the legacy interest rate from the date of the death of the intestate to the date of payment of that legacy; and (iii) one half of the balance of the residuary estate as follows— (A) if there is a distribution agreement, in shares in accordance with that agreement; or (B) if there is a distribution order, in accordance with that order; or (C) in equal shares in accordance with section 70ZE. (2) If subsection (1)(c)(iii) applies, any children of the intestate are entitled to the other half of the balance of the residuary estate, and if more than one, in equal shares. (3) If one or more of the intestate's children predeceased the intestate leaving issue who survived the intestate— (b) if any of those grandchildren of the intestate predeceased the intestate leaving their own issue who survived the intestate, the deceased grandchild's share is to be divided between the deceased grandchild's children and so on until the entitlement is exhausted. S. 70ZC inserted by No. 41/2017 s. 11. 70ZC Distribution agreement for sharing between more than one partner The partners of an intestate may enter into a written agreement for the distribution of the intestate's residuary estate between them. S. 70ZD inserted by No. 41/2017 s. 11. 70ZD Distribution orders (1) If an intestate leaves more than one partner, a partner may apply to the Court for a distribution order. (2) Unless the Court otherwise orders, if a personal representative has given notice under section 70ZE(1) an application for a distribution order must be made within 3 months after the date of the notice. (3) On an application for a distribution order, the Court may order— (a) that the intestate's residuary estate be distributed between the partners in any way the Court considers just and equitable; and (b) without limiting paragraph (a), that the whole of the residuary estate be allocated to one of the partners to the exclusion of the other partner or partners. (4) A distribution order may include any conditions that the Court considers appropriate. S. 70ZE inserted by No. 41/2017 s. 11. 70ZE Distribution between multiple partners in equal shares (1) Subject to subsection (3), the personal representative of an intestate who leaves multiple partners must distribute the residuary estate in equal shares between the partners if the personal representative, at the request of a partner of the intestate, or in the personal representative's discretion— (a) gives each partner a written notice stating that the personal representative will distribute the estate equally between the partners unless, within 3 months of the date of the notice— (i) the partners enter into a distribution agreement and submit that agreement to the personal representative; or (ii) at least one of the partners applies to the Court for a distribution order; and (b) at least 3 months have elapsed since the notices referred to in paragraph (a) were given and— (i) the personal representative has not received a distribution agreement or notice of an application to the Court for a distribution order; or (ii) an application for a distribution order has been made but the Court has dismissed the application or the application has been withdrawn. (2) If the period specified in subsection (1)(b) has elapsed and no distribution agreement has been received and no distribution order has been made, the personal representative must distribute the intestate's residuary estate between the multiple partners in equal shares. (3) If the intestate leaves more than one partner and a child or children or other issue who are not also the child, children or other issue of any of the partners the residuary estate is to be distributed in accordance with section 70ZB. Division 6—Distribution if intestate leaves no partners S. 70ZF inserted by No. 41/2017 s. 11. 70ZF Application of Division If a person dies intestate in respect of the person's residuary estate and Divisions 3, 4 and 5 do not apply, the residuary estate is to be distributed in accordance with the hierarchy set out in this Division. S. 70ZG inserted by No. 41/2017 s. 11. 70ZG Distribution to children (1) If an intestate leaves no partner but leaves a child or children, the residuary estate is to be distributed to the surviving child, and if more than one, in equal shares if none of the intestate's child or children predeceased the intestate leaving issue of that child who survived the intestate. (2) If one or more of the intestate's children predeceased the intestate leaving issue who survived the intestate— (b) if any of those grandchildren of the intestate predeceased the intestate leaving their own issue who survived the intestate, the deceased grandchild's share is to be divided between the deceased grandchild's children and so on until the entitlement is exhausted. S. 70ZH inserted by No. 41/2017 s. 11. 70ZH Distribution to parents (1) If an intestate leaves more than one parent but no partner, child or other issue, the residuary estate must be distributed equally between the parents. (2) If the intestate leaves one parent but no partner, child or other issue, the parent is entitled to the whole residuary estate. S. 70ZI inserted by No. 41/2017 s. 11. 70ZI Distribution to siblings (1) If an intestate leaves more than one sibling but no partner, no child or other issue and no parent, the residuary estate must be distributed equally between those siblings. (2) If the intestate leaves one sibling but no partner, no child or other issue and no parent, the sibling is entitled to the whole residuary estate. (3) If a sibling of an intestate predeceases the intestate leaving a child who survives the intestate, that child is entitled to the sibling's share and, if there are 2 or more children, in equal shares. S. 70ZJ inserted by No. 41/2017 s. 11. 70ZJ Distribution to grandparents (1) If an intestate leaves more than one grandparent but no partner, no child or other issue, no parent, no sibling and no issue of a sibling, the residuary estate must be distributed equally between the grandparents. (2) If the intestate leaves one grandparent but no partner, no child or other issue, no parent, no sibling and no issue of a sibling, the grandparent is entitled to the whole residuary estate. S. 70ZK inserted by No. 41/2017 s. 11. 70ZK Distribution to aunts and uncles or to cousins by representation (1) If an intestate leaves more than one aunt or uncle but no partner, no child or other issue, no parent, no sibling, no issue of a sibling and no grandparent, the residuary estate must be distributed equally between the aunts and uncles. (2) If the intestate leaves one aunt or uncle but no partner, no child or other issue, no parent, no sibling, no issue of a sibling and no grandparent, the aunt or uncle is entitled to the whole residuary estate. (3) If an aunt or uncle of an intestate predeceases the intestate leaving a child who survives the intestate, that child is entitled to the aunt or uncle's share and, if there are 2 or more children, in equal shares. S. 70ZL inserted by No. 41/2017 s. 11. 70ZL Crown to take estate if no person entitled If no person is entitled to the estate of an intestate under this Part, the residuary estate— (a) is taken to be property that has no owner; and (b) passes to and belongs to the Crown. Part II—Small estates