April 2011
31 posts
Where the intestate is survived by issue.
1. The spouse is entitled:
(a) if the value of the intestate estate does not exceed the prescribed amount - to the whole of the intestate estate; or
(b) if the value of the intestate estate exceeds the prescribed amount - to be paid out of the intestate estate the prescribed sum and an additional sum equal to:
(i) if one child or the issue of one child of the intestate but no other issue of the intestate survives the intestate - one-half of the value of the balance of the intestate estate; or
(ii) if any other case - one-third of the value of the balance of the intestate estate.
2. The issue of the intestate are entitled to the balance (if any) of the intestate estate after payment to the spouse of the sum or sums to which the spouse is entitled under paragraph 1.
” —True story.