5,483
edits
Difference between revisions of "Intestacy (16:VIII)"
Jump to navigation
Jump to search
→3. Preferential Share
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 34: | Line 34: | ||
| 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 | | 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. | | Intestate dies leaving one or more descendants, some of whom are '''NOT''' descendants of the surviving spouse. | ||
| 21(4) | | 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 | | 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 | ||
| Line 46: | Line 46: | ||
| 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. | | 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. | ||
|} | |} | ||
== B. Separated Spouse == | |||
Under WESA, two persons cease being spouses if: | |||
*a) In the case of a marriage, they live separate and apart for at least two years, with '''one or both of them''' having formed the intention during that time to live separate and apart '''permanently''', or an event occurs that causes an interest in family assets, as defined in Part 5 [Matrimonial Property] of the ''Family Relations Act'', to arise WESA s 2(2)(a). | |||
*b) In the case of a marriage-like relationship, one or both persons terminate the relationship. | |||