New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 131

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.