Victorian Current Acts

ADMINISTRATION AND PROBATE ACT 1958 - SECT 70ZB

    (1)     If an intestate leaves more than one partner and a child or other issue not a child or other issue of any of those partners, the partners are entitled—

        (a)     to share the personal chattels of the intestate as follows—

              (i)     if there is a distribution agreement, in shares in accordance with that agreement; or

              (ii)     if there is a distribution order, in accordance with that order; or

              (iii)     in equal shares in accordance with section 70ZE; and

        (b)     if the intestate's residuary estate is worth not more than the amount of the partner's statutory legacy payable if the intestate had left only one partner, to share the residuary estate as follows—

              (i)     if there is a distribution agreement, in shares in accordance with that agreement; or

              (ii)     if there is a distribution order, in accordance with that order; or

              (iii)     in equal shares in accordance with section 70ZE; and

        (c)     if the intestate's residuary estate is worth more than the amount of the partner's statutory legacy payable if the intestate had left only one partner, to—

              (i)     the amount of the partner's statutory legacy shared in accordance with paragraph (b); and

              (ii)     interest on that 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

              (iii)     one half of the balance of the residuary estate as follows—

    (A)     if there is a distribution agreement, in shares in accordance with that agreement; or

    (B)     if there is a distribution order, in accordance with that order; or

    (C)     in equal shares in accordance with section 70ZE.

    (2)     If subsection (1)(c)(iii) 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. 70ZC inserted by No. 41/2017 s. 11.