28Entitlement of children

28 Entitlement of children

(1)  If an intestate leaves no spouse but leaves issue, the intestate's children are entitled to the whole of the intestate estate.

(2)  If –

(a) an intestate leaves –

(i) a spouse or spouses; and

(ii) any issue who are not also issue of a surviving spouse; and

(b) a part of the estate remains after satisfying the spouse's entitlement, or the spouses' entitlements –

the intestate's children are entitled to the remaining part of the intestate estate.

(3)  If no child predeceased the intestate leaving issue who survived the intestate, then –

(a) if there is only one surviving child, the entitlement vests in the child; or

(b) if there are 2 or more surviving children, the entitlement vests in them in equal shares.

(4)  If one or more of the intestate's children predeceased the intestate leaving issue who survived the intestate –

(a) allowance must be made in the division of the entitlement between children for the presumptive share of any such deceased child; and

(b) the presumptive share of any such deceased child is to be divided between that child's children and, if any of these grandchildren (of the intestate) predeceased the intestate leaving issue who survived the intestate, the deceased grandchild's presumptive share is to be divided between the grandchild's children (again allowing for the presumptive share of a great grandchild who predeceased the intestate leaving issue who survived the intestate), and so on until the entitlement is exhausted.