The National Committee for Uniform Succession Laws presented their report on Intestacy to the Standing Committee of Attorneys General in March 2007.
The complete report may be downloaded from the link below.
Intestacy. National Committee for Uniform Succession Laws report to the Standing Committee of Attorneys General. [1.5 mb | 308 pages]
If you wish to download a specific part of the report, please refer to the list below.
You will need a PDF viewer such as Adobe Reader to view PDF documents. Please contact us if you have difficulty viewing or printing the document.
|
Table of contents |
National Committee for Uniform Succession Laws. Intestacy report to the Standing Committee of Attorneys General. Contents include table of contents and members of the NCUSL |
|
Chapter 01 Introduction |
Introduction for the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents include background, aim of intestacy rules and outline of this report. |
|
Chapter 02 Spouse or partner - preliminary issues |
Chapter 2 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- Who is a spouse or partner?; Spouses to be treated as separate persons. |
|
Chapter 03 Spouse or partner - general distribution |
Chapter 3 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- Surviving spouse but no surviving issue; surviving spouse and surviving issue. |
|
Chapter 04 Spouse or partner - special provisions |
Chapter 4 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- Personal effects of the intestate; statutory legacy and conflict of laws. |
|
Chapter 05 Spouse of partner - election to obtain any property |
Chapter 5 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- The right to the shared home; spouse or partner's entitlement; power of the personal representative to dispose of property. |
|
Chapter 06 Multiple partners |
Chapter 6 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document includes information on bigamous unions, intestate leaves more than one partner and personal effects. |
|
Chapter 07 The parent - child relationship |
Chapter 7 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- establishing parentage; children not yet born; step-children; step-parent adoptions. |
|
Chapter 08 Next of kin - preliminary issues |
Chapter 8 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- Per stirpes or per capita distribution; persons entitled in more than one capacity; relationships between siblings. |
|
Chapter 09 Next of kin - general order of distribution |
Chapter 9 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include:- issue; parents; brothers and sisters; descedents of brothers and sisters, maternal and paternal branches of the family; grandparents; aunts and uncles; setting a limit. |
|
Chapter 10 Bona vacantia |
Chapter 10 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include where should bona vacantia estates go and how they should be distributed. |
|
Chapter 11 Survivorship |
Chapter 11 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include application of survivorship clauses to intestacy, length of time, preventing bona vacantia and application to children en ventre sa mere |
|
Chapter 12 Vesting of entitlements |
Chapter 12 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include vesting of minors' shares and inheritance by representation and the "predecease" requirement. |
|
Chapter 13 Accounting for benefits received |
Chapter 13 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include benefits received before death, testamentary benefits and superannuation assets. |
|
Chapter 14 Indigenous people |
Chapter 14 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include indigenous kinship, incidence of intestacy among indigenous people, current provisions and possible approaches. |
|
Chapter 15 Miscellaneous provisions |
Chapter 15 of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Contents of this document include legislative definition of "intestate", beneficially interested personal representative, references to statutes of distribution, abolition of courtesy and right of dower. |
|
Appendices |
Appendices of the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. |
|
Tables |
National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. Table of cases and table of legislation. |
|
Bibliography |
Bibliography for the National Committee for Uniform Succession Laws Intestacy report to the Standing Committee of Attorneys General. |
