77 Succession 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 leavesHow estate to be distributed
1Husband, wife, civil union partner, or surviving de facto partner, but no issue and no parentsPersonal 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
2Husband, wife, civil union partner, or surviving de facto partner, and issuePersonal 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 as follows:
a third for the husband, wife, civil union partner, or surviving de facto partner absolutely; and
two-thirds on the statutory trusts for the issue of the intestate
3Husband, wife, civil union partner, or surviving de facto partner, no issue, but one or both parentsPersonal 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 as follows:
two-thirds for the husband, wife, civil union partner, or surviving de facto partner absolutely; and
a third for the father and mother in equal shares absolutely or, if the intestate leaves only one parent, for that parent absolutely
4Issue but no husband, wife, civil union partner, or surviving de facto partnerAll of the estate is held on the statutory trusts for the issue of the intestate
5No husband, wife, civil union partner, or surviving de facto partner, and no issue, but one or both parentsAll of the estate is held in trust in equal shares for the parents, but if the intestate leaves only one parent, for that parent
6No husband, wife, civil union partner, or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood)All of the estate is held on the statutory trusts for the 1 or more brothers or sisters
7No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but one or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood)All of the estate is held in trust as follows:
as to half:
in equal shares for the maternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or
if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or
if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held
as to the other half:
in equal shares for the paternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or
if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or
if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held
8No one who takes an absolute interest under items 1 to 7All of the estate belongs to the Crown as bona vacantia, and the Crown may (without prejudice to any other powers), out of all or any part of the estate, provide for—
dependants (whether kindred or not) of the intestate; and
other persons for whom the intestate might reasonably have been expected to make provision.

Section 77: replaced, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 8 of the Administration Amendment Act 2001 (2001 No 6).

Section 77 table item 1: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 1: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(2) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 1: amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 77 table item 2: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 2: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(2) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 2: amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 77 table item 3: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 3: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(2) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 3: amended, on 1 April 2005, by section 139 of the Credit Contracts and Consumer Finance Act 2003 (2003 No 52).

Section 77 table item 4: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 5: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).

Section 77 table item 6: amended, on 26 April 2005 (applying only in respect of the estates of persons who die on or after that date), by section 7(1) of the Administration Amendment Act 2005 (2005 No 4).