Victorian Current Acts Victorian Current Acts(1) If an intestate leaves a partner and a child or other issue who is not the child or other issue of that partner, the partner is entitled—
(a) if the intestate's residuary estate is worth not more than the amount of the partner's statutory legacy, to the whole of the estate, including the personal chattels of the intestate; and
(b) if the intestate's residuary estate is worth more than the amount of the partner's statutory legacy, to—
(i) the personal chattels of the intestate; and
(ii) the amount of the partner's statutory legacy; and
(iii) interest on the partner's statutory legacy calculated at the legacy interest rate from the date of the death of the intestate to the date of payment of that legacy; and
(iv) one half of the balance of the residuary estate.
(2) If subsection (1)(b) applies, any children of the intestate are entitled to the other half of the balance of the residuary estate, and if more than one, in equal shares.
(3) If one or more of the intestate's children predeceased the intestate leaving issue who survived the intestate—
(a) the share of the deceased child is to be divided between that deceased child's children; and
(b) if any of those grandchildren of the intestate predeceased the intestate leaving their own issue who survived the intestate, the deceased grandchild's share is to be divided between the deceased grandchild's children and so on until the entitlement is exhausted.
S. 70M inserted by No. 41/2017 s. 11.