77Succession to real and personal estate on intestacy
If a person (the intestate) dies intestate as to any real or personal estate and leaves the other person or people referred to in column 1 of the following table, that estate must be distributed in the manner or held on the trusts set out in column 2 of that table opposite the reference to the other person or people:
Person or people intestate leaves How estate to be distributed
1 Husband, wife, civil union partner, or surviving de facto partner, but no issue and no parents Personal chattels (as defined in section 2(1)):
the husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor's rights under that agreement
Residue of the estate:
• this stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated
• anything that remains of the residue is held in trust for the husband, wife, civil union partner, or surviving de facto partner absolutely作者: 灰色夜宵 时间: 2014-10-23 13:13:58