Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 35

35 Distribution of residuary estate on intestacy

(1) Subject to subsection (2) and division 3 , the person or persons entitled to take an interest in the residuary estate of an intestate, and the interest in that estate which that person is or those persons are entitled to take shall be ascertained by reference to schedule 2 according to the facts and circumstances existing in relation to the intestate.

(1A) For the purposes of this Act—

(a) the brothers and sisters of the intestate; and

(b) the grandparents of the intestate; and

(c) the brothers and sisters of a parent of the intestate; and

(d) the children of any brothers or sisters of an intestate who predecease the intestate; and

(e) the children of any brothers or sisters of a parent of an intestate who predecease the intestate;

are the next of kin of the intestate.

(2) Where a person entitled to take any part of the residuary estate of an intestate under this part does not survive the intestate for a period of 30 days that part of the residuary estate shall be treated as if that person had died before the intestate.