South Australian Numbered Acts

SUCCESSION ACT 2023 (NO 30 OF 2023) - SECT 108

108—Distribution among children and grandchildren of intestate

The following rules govern the distribution of an intestate estate, or part of an intestate estate, among children and grandchildren of the intestate:

            (a)         if the intestate is survived by a child and by no other issue (apart from the issue of that child)—that child is entitled to the whole or that part (as the case may be) of the intestate estate;

            (b)         if the intestate is survived by children and by no other issue (apart from the issue of those children)—those children are entitled to the whole or that part (as the case may be) of the intestate estate in equal shares;

            (c)         if the intestate is survived by a grandchild and by no other issue (apart from the issue of that grandchild)—that grandchild is entitled to the whole or that part (as the case may be) of the intestate estate;

            (d)         if the intestate is survived by grandchildren and by no other issue (apart from the issue of those grandchildren)—those grandchildren are entitled to the whole or that part (as the case may be) of the intestate estate in equal shares;

            (e)         in any other case—the whole or that part of the intestate estate must be divided into portions equal in number to the number of children of the intestate who either survived the intestate or left issue who survived the intestate and—

                  (i)         a child (if any) of the intestate who survived the intestate is entitled to 1 of the portions;

                  (ii)         if a child of the intestate died before the intestate leaving issue that survived the intestate—that issue is entitled per stirpem (through all degrees) to 1 of those portions (and if the issue comprises 2 or more persons, they share equally).