South Australian Current Acts South Australian Current Acts72G—Distribution of intestate estate
(1) Subject to this
Part, an intestate estate shall be distributed according to the following
rules:
(a)
where the intestate is survived by a spouse or domestic partner and by no
issue—the spouse or domestic partner is entitled to the whole of the
intestate estate;
(b)
where the intestate is survived by a spouse or domestic partner and by
issue—
(i)
the spouse or domestic partner is entitled—
(A) if the value of the intestate estate
does not exceed the prescribed amount, to the whole of the intestate estate;
or
(B) if the value of the intestate estate
exceeds the prescribed amount, to the prescribed amount and to one-half of the
balance of the intestate estate; and
(ii)
the issue of the intestate is entitled to the balance (if
any) of the intestate estate;
(c) if
the intestate is not survived by a spouse or domestic partner, but is survived
by issue—the issue is entitled to the whole of the intestate estate;
(d) if
the intestate is not survived by a spouse or domestic partner or by issue but
is survived by a relative, relatives, or issue of a relative or
relatives—the relative, relatives or issue of a relative or relatives
are entitled to the whole of the intestate estate;
(e) if
the intestate is not survived by a person entitled to the intestate estate
under the foregoing provisions of this section—the intestate estate
shall vest in the Crown.
(2) In this
section—
"prescribed amount" means—
(a) $100
000; or
(b) if
an amount greater than $100 000 is prescribed by regulation for the purposes
of this section—that amount.