Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 36A

36A Distribution of issue’s entitlement

(1) In this section—

"survive" means survive the intestate.

(2) If an intestate’s issue are entitled to the whole or a part of the intestate’s residuary estate, the entitlement is to be distributed among the issue as set out in this section.

(3) If the intestate had only 1 child and the child survived, the child takes.

(4) If the intestate had 2 or more children, all of whom survived, the children take in equal shares.

(5) If the intestate had 2 or more children, of whom some survived and the remainder did not survive and did not leave surviving issue, the surviving children take in equal shares.

(6) If subsections (3) to (5) do not apply, the entitlement is divided into as many equal shares as the intestate had children who survived or who did not survive but left surviving issue.

(7) The equal shares are then taken as follows—

(a) the intestate’s surviving children (if any) take 1 share each;

(b) for each child of the intestate who did not survive but left surviving issue—1 share is taken by representation by the child’s surviving issue.