Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SCHEDULE 2

SCHEDULE 2 – Distribution of residuary estate on intestacy

Part 1 - Intestate survived by spouse

Circumstance Way in which the intestate’s residuary estate is to be distributed
1 If the intestate is not survived by issue 1 If there is only 1 surviving spouse, the spouse is entitled to the whole of the residuary estate.
2 If there is more than 1 surviving spouse, they are entitled to the whole of the residuary estate in accordance with section 36 . a
2 If the intestate is survived by issue 1 If there is only 1 surviving spouse, the spouse is entitled to—
(a) $150,000 and the household chattels; and
(b) the following part of the residuary estate then remaining—
(i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate— 1 / 2;
(ii) otherwise— 1 / 3.
2 If there is more than 1 surviving spouse, they are entitled, in accordance with section 36 , to—
(a) $150,000 and the household chattels; and
(b) the following part of the residuary estate then remaining—
(i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate— 1 / 2;
(ii) otherwise— 1 / 3.
3 The issue of the intestate are entitled to the balance of the residuary estate in accordance with section 36A .

Part 2 - Intestate not survived by any spouse

Circumstance Way in which the intestate’s residuary estate is to be distributed
1 Where the intestate is survived by issue The issue are entitled to the whole of the residuary estate in accordance with section 36A .
2 Where 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 residuary estate or, if both parents survive the intestate, the parents are entitled to the whole of the residuary estate in equal shares.
3 Where 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 residuary estate in accordance with section 37 .
4 Where the intestate is not survived by issue, by a parent or by next of kin The residuary estate shall be deemed to be bona vacantia and the Crown is entitled to it.


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