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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 26 (2005) - Uniform Succession Laws: Intestacy
Issues Paper 26 (2005) - Uniform Succession Laws: Intestacy Updates and background for this project (Digest) TABLE OF CONTENTS 1. INTRODUCTION INTESTACY IN CONTEXT Indigenous people LEGISLATIVE DEFINITION OF “INTESTACY” MECHANISMS FOR ACHIEVING DISTRIBUTION TITLE AND POWERS OF THE PERSONAL REPRESENTATIVE Distinction between wholly and partially intestate estates
IS THERE A NEED TO EMPOWER THE PERSONAL REPRESENTATIVE TO SELL? 2. GENERAL PRINCIPLES OF DISTRIBUTION DISTRIBUTION ACCORDING TO FIXED LISTS The Statute of Distributions Modern provisions Provisions relating to persons who, at the death of the intestate, are minors
Business Estates 3. DISTRIBUTION TO SPOUSES AND PARTNERS WHO IS A SPOUSE OR PARTNER? Spouses Bigamous unions De facto relationships
DISTRIBUTION TO SPOUSES AND PARTNERS Intestate leaves spouse or partner but no issue Intestate leaves spouse or partner and issue
Spouse’s entitlement to a statutory legacy Interest on statutory legacy Apportionment between spouse and issue
Distribution Elsewhere 4. RIGHTS OF SPOUSE OR PARTNER TO THE SHARED HOME THE SHARED HOME The residential requirement THE SPOUSE OR PARTNER’S ENTITLEMENT VALUING THE INTESTATE’S INTEREST IN THE SHARED HOME Spouse may require valuation Fixing the value ELECTION BY THE SURVIVING SPOUSE OR PARTNER Procedural requirements
Time for making the election To whom the election must be made Power of a surviving partner with mental disability to make a valid election Revocation of the election POWER OF THE PERSONAL REPRESENTATIVE TO DISPOSE OF THE SHARED HOME Where the spouse is a trustee RESTRICTIONS ON THE SPOUSE’S RIGHT TO ACQUIRE THE SHARED HOME DETERMINATION OF THE CURTILAGE OF THE SHARED HOME Power of administrator to create easements, etc 5. ISSUE AND PARENTS OF THE INTESTATE WHO ARE ISSUE? Presumptions of parentage Step children Artificially conceived children Children not yet born (en ventre sa mere)
DISTRIBUTION TO ISSUE AND PARENTS OF THE INTESTATE Intestate leaves issue but no partner Intestate leaves no partner and no issue but leaves a parent or parents STATUTORY TRUST IN FAVOUR OF ISSUE OF THE INTESTATE 6. DISTRIBUTION TO NEXT OF KIN OF THE INTESTATE THE GENERAL ORDER OF DISTRIBUTION Relationships of the whole and half blood BROTHERS AND SISTERS OF THE INTESTATE GRANDPARENTS OF THE INTESTATE AUNTS AND UNCLES OF THE INTESTATE MORE REMOTE NEXT OF KIN MEANING OF STATUTORY TRUST FOR ANY CLASS OF RELATIVES OTHER THAN ISSUE OF THE INTESTATE 7. DISTRIBUTION WHEN NO RELATIVES ARE ENTITLED 8. ACCOUNTING FOR BENEFITS RECEIVED UPON OR BEFORE DEATH
Statute of Distributions Modern provisions TESTAMENTARY GIFTS INDIGENOUS KINSHIP CURRENT PROVISIONS Recognition of customary marriage
The relevance of de facto relationships provisions
Queensland Northern Territory New Zealand 10. MISCELLANEOUS SURVIVORSHIP AND INTESTACY Surviving the intestate by less than a month ABOLITION OF COURTESY AND RIGHT OF DOWER REFERENCES TO STATUTES OF DISTRIBUTION, HEIRS AND NEXT OF KIN TABLES |
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