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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = wills}} == A. Generally == If a person dies intestate (without a valid will), his or her assets are distributed to intestate successors in acco...") |
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If there are two or more spouses, they must agree as to how to divide the preferential share, otherwise it will be determined by the courts (WESA s 22). | If there are two or more spouses, they must agree as to how to divide the preferential share, otherwise it will be determined by the courts (WESA s 22). | ||
=== 2. Spousal Home === | |||
In intestacy, the surviving spouse no longer has a right to the spousal home, but has a right to acquire it under s 31 of WESA. Section 33 allows the surviving spouse to make an application to retain the spousal home, considering factors such as whether requiring the surviving spouse to purchase the spousal home would be a significant hardship, and whether a greater prejudice would be imposed on the surviving spouse by being unable to continue to reside in the spousal home than would be imposed on the descendants entitled to share in the intestate estate. | |||
=== 3. Preferential Share === | |||
If all the descendants of the Will-maker are also the descendants of the surviving spouse, the preferential share of the spouse is $300,000 (WESA s 21(3)). If all the descendants of the Will-maker are not also those of the surviving spouse, the preferential share of the surviving spouse is $150,000 (WESA s 21(4)). | |||