Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SCHEDULE 6

Schedule 6     Distribution of intestate estate on intestacy

(See s 49)

Part 6.1     Distribution of estate if intestate survived by partner

item	circumstances	How intestate estate of intestate is to be distributed
1	if the intestate is not survived by issue	The partner is entitled to the whole of the intestate estate.
2	if the intestate is survived by issue	1     If the value of the intestate estate does not exceed $200 000, the partner is entitled to the whole of the intestate estate. 2     If the value of the intestate estate exceeds $200 000, the partner is entitled to be paid out of the intestate estate— (a)     $200 000; and (b)     interest on that sum, calculated at the rate of 8% per annum from the date of the death of the intestate to the date that sum is paid or appropriated to the partner (inclusive); and
		(c)     an additional sum equal to—               (i)     if 1 child or the issue of 1 child of the intestate survives the intestate but no other issue of the intestate survives the intestate— 1 / 2 of the value of the balance of the intestate estate; or               (ii)     in any other case— 1 / 3 of the value of the balance of the intestate estate. 3     The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the partner of the sum or sums to which the partner is entitled under this item.

Part 6.2     Distribution of estate if intestate not survived by partner

item	circumstances	How intestate estate of intestate is to be distributed
1	if the intestate is survived by issue	the issue are entitled to the whole of the intestate estate.
2	if the intestate is not survived by issue but is survived by a parent or both parents	the parent is entitled to the whole of the intestate estate or, if both parents survive the intestate, the parents are entitled to the whole of the intestate estate in equal shares.
3	if the intestate is not survived by issue or by a parent but is survived by next of kin	the next of kin are entitled to the intestate estate in accordance with section 49C.
4	if the intestate is not survived by issue, by a parent or by next of kin	the Territory is entitled to the intestate estate.