South Australian Numbered Acts South Australian Numbered Acts109—Distribution among relatives of intestate
(1) The following rules govern the distribution of an intestate estate among relatives, or the children of relatives, of the intestate:
(a) if the intestate is survived by a single relative of the first degree—that relative is entitled to the whole of the intestate estate;
(b) if the intestate is survived by 2 relatives of the first degree—those relatives are entitled to the whole of the intestate estate in equal shares;
(c) if the intestate is not survived by a relative of the first degree but is survived by a relative of the second degree or the children of a relative of the second degree, then—
(i) if the intestate is survived by 1 relative of the second degree, and by no children of any such relative who predeceased the intestate—the surviving relative is entitled to the whole of the intestate estate;
(ii) if the intestate is survived by 2 or more relatives of the second degree, and by no children of any such relative who predeceased the intestate—those relatives are entitled to the whole of the intestate estate in equal shares;
(iii) if the intestate is survived by a relative of the second degree, and by children of any such relative who predeceased the intestate—the intestate estate must be divided into portions equal in number to the number of relatives of the second degree of the intestate who either survived the intestate or left children who survived the intestate and—
(A) any relative of the second degree who survived the intestate is entitled to 1 of those portions; and
(B) if a relative of the second degree died before the intestate leaving a child or children that survived the intestate—the child is entitled per stirpem (through all degrees) to 1 of those portions or the children share the portion equally;
(iv) if the intestate is not survived by a relative of the second degree, but is survived by children of such a relative—the intestate estate devolves on those children as if they were children of the intestate;
(d) if the intestate is not survived by any relative of the first or second degree, or by children of a relative of the second degree, but is survived by a relative or relatives of the third degree, then—
(i) if the intestate is survived by only 1 such relative—that relative is entitled to the whole of the intestate estate;
(ii) if the intestate is survived by more than 1 such relative—those relatives are entitled to the whole of the intestate estate in equal shares;
(e) if the intestate is not survived by a relative of the first, second or third degree, or by children of a relative of the second degree, but is survived by a relative of the fourth degree, or by children of such a relative, then—
(i) if the intestate is survived by only 1 relative of the fourth degree, and by no children of any such relative who predeceased the intestate—the surviving relative is entitled to the whole of the intestate estate;
(ii) if the intestate is survived by 2 or more relatives of the fourth degree, and by no children of any such relative who predeceased the intestate—those relatives are entitled to the whole of the intestate estate in equal shares;
(iii) if the intestate is survived by a relative of the fourth degree, and by children of any such relative who predeceased the intestate—the intestate estate must be divided in the portions equal in number to the number of relatives of the fourth degree of the intestate who either survived the intestate or left children who survived the intestate and—
(A) any relative of the fourth degree who survived the intestate is entitled to 1 of those portions; and
(B) if a relative of the fourth degree died before the intestate leaving a child or children that survived the intestate—the child is entitled per stirpem (through all degrees) to 1 of those portions or the children share the portion equally;
(f) if the intestate is not survived by any relative of the fourth degree, but is survived by a child or children of 1 or more relatives of the fourth degree—each child is entitled to share per stirpem (through all degrees) in the intestate estate;
(g) if the intestate is not survived by a relative of the fourth degree or by children of a relative of the fourth degree, but is survived by a grandchild or grandchildren of 1 or more relatives of the fourth degree—each grandchild is entitled to share per stirpem (through all degrees) in the intestate estate.
(2) A person who is entitled to a share or portion of an intestate estate under subsection (1)
may disclaim the person's share or portion (and in that case that share or portion of the intestate estate must be distributed as if the person who disclaimed it had died immediately before the intestate).