SUCCESSION ACT 1981 - SCHEDULE 2 -- DISTRIBUTION OF RESIDUARY ESTATE ON INTESTACY

Queensland Consolidated Acts

-- DISTRIBUTION OF RESIDUARY ESTATE ON INTESTACY

Circumstance	Way in which the intestate's residuary estate is to be distributed
1 If the intestate is not survived by issue	1 If there is only 1 surviving spouse, the spouse is entitled to the whole of the residuary estate.
	2 If there is more than 1 surviving spouse, they are entitled to the whole of the residuary estate in accordance with section 36.
2 If the intestate is survived by issue	1 If there is only 1 surviving spouse, the spouse is entitled to—
	(a) $150000 and the household chattels; and
	(b) the following part of the residuary estate then remaining—
	(i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate—1/2;
	(ii) otherwise—1/3.
	2 If there is more than 1 surviving spouse, they are entitled, in accordance with section 36, to—
	(a) $150000 and the household chattels; and
	(b) the following part of the residuary estate then remaining—
	(i) if there is only 1 child of the intestate who survived, or who did not survive but left issue who survived, the intestate—1/2;
	(ii) otherwise—1/3.
	3 The issue of the intestate are entitled to the balance of the residuary estate in accordance with section 36A.

Circumstance	Way in which the intestate's residuary estate is to be distributed
1 Where the intestate is survived by issue	The issue are entitled to the whole of the residuary estate in accordance with section 36A.
2 Where the intestate is not survived by issue but is survived by a parent or both parents	The parent is entitled to the whole of the residuary estate or, if both parents survive the intestate, the parents are entitled to the whole of the residuary estate in equal shares.
3 Where the intestate is not survived by issue or by a parent but is survived by next of kin	The next of kin are entitled to the residuary estate in accordance with section 37.
4 Where the intestate is not survived by issue, by a parent or by next of kin	The residuary estate shall be deemed to be bona vacantia and the Crown is entitled to it.