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Difference between revisions of "Intestacy (16:VIII)"
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→3. Preferential Share
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
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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)). | 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)). | ||
{| class="wikitable" | |||
! Situation | |||
! WESA Section | |||
! Distribution | |||
|- | |||
| Intestate dies leaving a spouse but no descendants. | |||
| 20 | |||
| Entire estate passes to surviving spouse | |||
|- | |||
| Intestate dies leaving one or more descendants, all of whom are descendants of the surviving spouse | |||
| 21(3) | |||
| Household furnishings plus preferential share of $300,000 to the spouse. One half of remainder distributed to the spouse, the other half distributed equally to the descendants | |||
|- | |||
| Intestate dies leaving one or more descendants, some of whom are NOT descendants of the surviving spouse. | |||
| 21(4) | |||
| Household furnishings plus preferential share of $150,000 to the spouse. One half of remainder distributed to the spouse, the other half distributed equally to the descendants | |||
|- | |||
| Intestate dies, leaving descendants but no spouse. | |||
| 23(2)(a) | |||
| Estate distributed equally to descendants | |||
|- | |||
| Intestate dies leaving no spouse or descendants. | |||
| 23(2) | |||
| Order of Priority: Parents, siblings, nieces/nephews, grandparents, aunts/uncles, etc. See section 23(2) for complete order of priority. If there are no beneficiaries entitled to the estate, the estate passes to the government subject to the escheat act. | |||
|} | |||