s.29Succession to real and personal estate on intestacy
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Section 29Part 0 —

Succession to real and personal estate on intestacy

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The residuary estate of an intestate, not being an entailed interest, shall be distributed in the manner or held on the trusts mentioned in this section namely —
if the intestate leaves a husband, wife or civil partner and issue, the surviving spouse or civil partner shall take the personal chattels absolutely, and in addition the residuary estate of the intestate (other than personal chattels) shall stand charged with the payment of a net sum of twenty thousand dollars or a sum equal to fifty per centum of the net value of the estate (which ever may be the greater), to the surviving spouse or civil partner with interest thereon from the date of death at the rate of five per centum per annum until paid or appropriated, and subject to providing for such sum and the interest thereon, the residuary estate (other than the personal chattels) shall be held upon trust on the statutory trusts for the issue of the intestate, but if those trusts fail or determine in the lifetime of the surviving spouse or civil partner, then upon trust for the surviving spouse or civil partner for the residue of that person’s life;
if the intestate leaves a husband, wife or civil partner but no issue, the surviving spouse or civil partner shall take the personal chattels absolutely and the residuary estate of the intestate shall be held —
if the intestate leaves a surviving parent or parents, as to twenty-five per centum for each parent or parents (as the case may be) absolutely and as to seventy-five per centum for the surviving spouse or civil partner absolutely; or
if the intestate leaves no surviving parent or parents, for the surviving spouse or civil partner absolutely;
if the intestate leaves issue but no husband, wife or civil partner, the residuary estate of the intestate shall be held on the statutory trusts for the issue of the intestate;
if the intestate leaves no issue but both parents, then, subject to the interest of the surviving spouse or civil partner, the residuary estate of the intestate shall be held in trust for the parents in equal shares absolutely;
if the intestate leaves no issue but one parent, then, subject to the interest of a surviving spouse or civil partner, the residuary estate of the intestate shall be held in trust for such parent absolutely;
if the intestate leaves no issue or parent, then, subject to the interests of the surviving spouse or civil partner, the residuary estate of the intestate shall be held in trust for the following persons surviving the intestate, and in the following order and manner —
on the statutory trusts for the brothers and sisters of the whole blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then
on the statutory trusts for the brothers and sisters of the half blood of the intestate; but if no person takes an absolutely vested interest under such trusts; then
for the grandparents of the intestate and, if more than one survive the intestate, in equal shares; but if there is no member of this class; then
on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the whole blood of a parent of the intestate); but if no such person takes an absolutely vested interest under such trusts; then
on the statutory trusts for the uncles and aunts of the intestate (being brothers or sisters of the half blood of a parent of the intestate); but if no person takes an absolutely vested interest under such trusts; then
for the surviving spouse or civil partner of the intestate absolutely; and
in default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the Crown as bona vacantia, and in lieu of any right of escheat: Provided that the Crown may, out of the whole or any part of the property devolving on the Crown as aforesaid provide, in accordance with existing practice, for the dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision.
A husband, wife or the parties to a civil partnership shall for all purposes of distribution or division under the foregoing provisions of this section be treated as two persons.
Where the intestate and the intestate’s husband, wife or civil partner have died in circumstances rendering it uncertain which of them survived the other and the intestate’s husband, wife or civil partner is by virtue of section 36 deemed to have survived the intestate, this section shall, nevertheless, have effect as respects the intestate as if the husband, wife or civil partner had not survived the intestate.

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