Succession to real and personal estate on intestacy

(1) The residuary estate of an intestate shall be distributed in the manner mentioned in this section, namely– (a) if the intestate leaves a wife or husband, with or without issue, the surviving wife or husband shall take the personal chattels absolutely, and the residuary estate of the intestate, other than the personal chattels, shall stand charged with the payment of a net sum of six hundred dollars free of costs to the surviving wife or husband; (b) if the intestate leaves no issue, the surviving wife or husband shall, in addition to the interests taken under paragraph (a), take one- half of the residuary estate absolutely; (c) if the intestate leaves issue, the surviving wife or husband shall, in addition to the interests taken under paragraph (a) of this sub-section, take one-third only of the residuary estate absolutely, and the issue shall take the remaining two-thirds of the residuary estate (d) if the intestate leaves issue, but no wife or husband, the issue of the intestate shall take 50 Administration of Estates Act the whole residuary estate of the intestate (e) if the intestate leaves no issue but both parents, then, subject to the interests of a surviving wife or husband, the father and mother of the intestate shall take the residuary estate of the intestate absolutely in equal shares; (f) if the intestate leaves no issue, but one parent only then, subject to the interests of a surviving wife or husband, the surviving father or mother shall take the residuary estate of the intestate absolutely; (g) if the intestate leaves no issue or parent then, subject to the interests of a surviving wife or husband, the brothers and sisters of the whole blood of the intestate shall take the residuary estate of the intestate absolutely in equal shares, but if no person takes an absolutely vested interest under this paragraph, then the brothers and sisters of the half blood of the intestate shall take the residuary estate of the intestate absolutely in equal shares; (h) if the intestate leaves no issue or parents or brothers or sisters (whether of the whole or half-blood) then, subject to the interests of a surviving wife or husband, the grandparents of the intestate shall take the residuary estate of the intestate absolutely (and if more than one survives the intestate they shall take absolutely in equal shares), but if there is no grandparent, then the uncles and aunts of the intestate, being brothers and sisters of the whole blood of a parent of the intestate, shall take the residuary estate of the intestate absolutely in equal shares, but if no person Administration of Estates Act 51 takes an absolutely vested interest as such uncle or aunt, then the uncles and aunts of the intestate being brothers and sisters of the half blood of a parent of the intestate, shall take the residuary estate of the intestate absolutely in equal shares; (i) if the intestate leaves no relative entitled to his residuary estate under this sub-section, then a surviving wife or husband shall take the whole residuary estate of the intestate absolutely; (j) in default of any person taking an absolute interest under the foregoing provisions, the residuary estate of the intestate shall belong to the State as bona vacantia, and in lieu of any right to escheat, and the State may, out of the whole or any part of the property devolving on it, provide, in accordance with the existing practice, for dependants, whether kindred or not, of the intestate, and other persons for whom the intestate might reasonably have been expected to make provision. (2) A husband and wife shall for all purposes of distribution or division under this section be treated as two persons.