131Aunts and uncles

131 Aunts and uncles

131 Aunts and uncles

(1) The brothers and sisters of each of an intestate’s parents are entitled to the whole of the intestate estate if the intestate leaves—

(a) no spouse, and

(b) no issue, and

(c) no parent, and

(d) no brother or sister, or issue of a deceased brother or sister, and

(e) no grandparent.

(2) If no brother or sister of a parent of the intestate predeceased the intestate leaving a child who survived the intestate, then—

(a) if only one survives—the entitlement vests in the surviving brother or sister, or

(b) if 2 or more survive—the entitlement vests in them in equal shares.

(3) If a brother or sister of a parent of the intestate predeceased the intestate leaving a child who survived the intestate, the child is entitled to the deceased parent’s presumptive share and, if there are 2 or more children, they share equally.

ch 4, Parts 4.3–4.6 (ss 127–140): Ins 2009 No 29, Sch 1 [4].