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Intestacy Act 2010
8Survivorship
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8 Survivorship
(1) A person will not be regarded as having survived an intestate unless –
(a) the person is born before the intestate's death and survives the intestate by at least 30 days; or
(b) the person is born after the intestate's death after a period of gestation in the uterus that commenced before the intestate's death and survives the intestate for at least 30 days after birth.
(2) The rules stated in subsection (1) are not to be applied if, as a result of their application, the intestate estate would pass to the State.