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 \[4\].