INTESTATES' ESTATES AND PROPERTY CHARGES ACT

ARRANGEMENT OF SECTIONS

Preliminary

   1   Short title

   2   Interpretation

 

PART I
Distribution of Estates of Intestates

   3   Abolition of descent to heir, curtesy, dower and escheat

   4   Succession to real and personal estate on intestacy

   5   Statutory trusts in favour of issue and other classes of relatives of intestate

   6   Meaning of the statutory trusts

   7   Powers of personal representative to raise sums in the interest of a surviving spouse

   8   Application to cases of partial intestacy

   9   Construction of documents

   10   Savings

 

PART II
[Repealed by Act 36 of 1976.]

   11   [Repealed by Act 36 of 1976.]

 

PART III
Administration of Intestates' Estates in certain cases and Charges on Property

   12   Administrator-General to be Administrator of intestates' estates not exceeding one thousand dollars in value

   13   Charges on property of deceased to be paid primarily out of the property charged

   14   Savings

 

THE INTESTATES' ESTATES AND PROPERTY CHARGES ACT

[Date of Commencement: 1st June, 1937]

Cap 166.

Acts
36 of 1976,
1 of 1979,
3 of 1988.

Preliminary

1    Short title

   This Act may be cited as the Intestates' Estates and Property Charges Act.

2   Interpretation

   (1) In this Act-

   (a)   "residuary estate" means every beneficial interest (including rights of entry and reverter) of the intestate in real and personal estate, after payment of all such funeral and administration expenses, debts and other liabilities as are properly payable thereout, which (otherwise than in right of a power of appointment) he could, if of full age and capacity, have disposed of by his will;

   (b)   "intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his real or personal estate;

   (c)   "personal chattels" means furniture and effects, including, where relevant-

[3/1988 s 2(a).]

         (i)   articles of household or personal use or ornament, plate, plated articles, linen, china, glass, books, pictures, prints, jewellery, musical and scientific instruments and apparatus, wines, liquors and consumable stores;

         (ii)   bicycles, stables, horses and domestic animals; and

         (iii)   motor vehicles and accessories therefor; but not including-

         (iv)   furniture, motor vehicles or other effects, used at the time of the death of the intestate exclusively or principally for business purposes; or

         (v)   money or securities for money;

   (d)   "spouse" includes-

         (i)   a single woman who has lived and cohabited with a single man as if she were in law his wife for a period of not less than five years immediately preceding the date of his death; and

         (ii)   a single man who has lived and cohabited with a single woman as if he were in law her husband for a period of not less than five years immediately preceding the date of her death;

   (e)   "single woman" and "single man" used with reference to the definition of "spouse" include a widow or widower, as the case may be, or a divorcee.

   (2) Where for the purposes of this Act a person who is a single woman or a single man may be regarded as a spouse of an intestate then, as respects such intestate only one such person shall be so regarded.

[3/1988 s 2(b).]

PART I
Distribution of Estates of Intestates

3   Abolition of descent to heir, curtesy, dower and escheat

   (1) With regard to the real estate and personal inheritance of every person dying after the 1st June, 1937, there shall be abolished-

   (a)   all existing modes, rules and canons of descent, and of devolution by special occupancy or otherwise, of real estate, or of a personal inheritance, whether operating by the general law, or otherwise howsoever; and

   (b)   tenancy by the curtesy and every other estate and interest of a husband in real estate as to which his wife dies intestate, whether arising under the general law or otherwise howsoever; and

   (c)   dower and every other estate and interest of a wife in real estate as to which her husband dies intestate, whether arising under the general law or otherwise howsoever; and

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