68Manner of distribution to issue

68 Manner of distribution to issue (1) Where an intestate is survived by issue who are entitled to the whole or a part of his or her intestate estate: (a) if only one child of the intestate survives the intestate – that person is entitled to the whole, or that part, of the intestate estate, as the case may be; (b) if the intestate is survived by the issue of his or her child or one of his or her children but by no other issue – those issue are entitled to the whole, or that part, of the intestate estate, as the case may be, through all degrees according to their stocks, and, if there are more than one issue, in equal shares; or Administration and Probate Act 1969 25 (c) in any other case – the whole or that part of the intestate estate shall be divided into a number of parts ascertained in accordance with subsection (2) and: (i) each child (if any) of the intestate who survived the intestate is entitled to one of those parts; and (ii) the issue of each child (if any) of the intestate who died before the intestate leaving issue who survived the intestate are entitled to one of those parts through all degrees, according to their stocks, and, if there are more than one issue, in equal shares. (2) The number of parts for the purposes of subsection (1)(c) is a number equal to the sum of: (a) a number equal to the number of children (if any) of the intestate who survived the intestate; and (b) a number equal to the number of children (if any) of the intestate who died before the intestate leaving a child or remoter issue who survived the intestate. (3) Where: (a) an intestate has, within the period of 5 years immediately before his or her death, paid any money, or transferred or assigned any property, to or for the benefit of his or her child, or settled any money or property for the benefit of his or her child, by way of advancement or on marriage of the child; and (b) his or her intestate estate, or a part of his or her intestate estate, is divisible between the child, or the issue of the child, and other issue of the intestate, the money or property shall be taken to have been paid, transferred, assigned or settled in or towards satisfaction of the share that the child will become entitled to take, or would become entitled to take if he or she were to survive the intestate, as the case may be, in the intestate estate or the part of the intestate estate unless: (c) the contrary intention was expressed or appears from the circumstances of the particular case; or (d) the value, as at the date of death of the intestate, ascertained in accordance with the requirements of the personal representative of the intestate, of all the money so paid or settled, of all the property so transferred, assigned or settled or all that money and property, or of so much of all that money Administration and Probate Act 1969 26 or property, or money and property, in respect of which such a contrary intention was not expressed or did not appear, does not exceed 10 000 monetary units. (4) Where any money or property is taken to have been paid, transferred, assigned or settled, in accordance with subsection (3), in or towards satisfaction of the share of a child of an intestate, the money or property shall be brought into account, at a valuation, as at the date of death of the intestate, in accordance with the requirements of the personal representative of the intestate, in calculating the share that the child or the issue of the child, as the case may be, is entitled to take under this Division in the intestate estate or a part of the intestate estate.