107Survivorship

#### 107 Survivorship 107 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. > > **ss 106–109:** Ins 2009 No 29, Sch 1 \[4\].