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Deceased David's Estate - CH4 Intestacy - DOD 20/06/2022, 124 …
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STATUTORY LEGACY s106
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$350,000 adjusted for CPI
s106
(350,000 * CPI for last qrt)/CPI Dec 2005 qrt (83.8)
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Where the intestate leaves a surviving legal and a de facto partner, the
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by tie-breaker provisions,
Section 127
(4) If one or more of the intestate’s children predeceased the intestate leaving issue who survived the intestate—
(a) allowance must be made in the division of the entitlement between children for the presumptive share of any such deceased child, and
(b) the presumptive share of any such deceased child is to be divided between that child’s children and, if any of these grandchildren (of the intestate) predeceased the intestate leaving issue who survived the intestate, the deceased grandchild’s presumptive share is to be divided between the grandchild’s children (again allowing for the presumptive share of a great grandchild who predeceased the intestate leaving issue who survived the intestate), and so on until the entitlement is exhausted.
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SPOUSE s 104 - - married to, or a party to, a domestic partnership (s105) w/ the intestate immediately before the intestate’s death,
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SPOUSE ENTITLEMENT
1 SPOUSE, ALL ISSUE FROM SAME SPOUSE
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David is survived by Kathryn, he's legal spouse
David is survived by issue from Kathyrn, Karen and Susan
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IF < 350,000 spouse takes all
are all the issue, the issue of the spouse?
Relationships Register Act 2010,
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Kathryn is legally married to David, therefore she is comsidered a spouse s104(a)
Karen wold also be considerefd a spouse under s104(b) as she would be considered a domestic partner of David having lived with him for more than the required 2yrs s105(a) and they have a child Mary s105(b)
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must be proved as a question of fact. The definition of de facto relationship is set out in Interpretation Act 1987 (NSW) s 21C.
a child born out of wedlock is, for the purpose of taking on the distribution
of the intestate estate, treated in the same way as a child born within wedlock.
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102 Intestate
A person who upon their death, did not have a will, or if they did leave a will, it does not dispose effectively of all or part of the intestates property
103 Entitlement to the whole of the intestate estate
A reference in this Chapter to an entitlement to the whole of the intestate estate is a reference to so much of the estate as remains after payment of all such funeral and administration expenses, debts and other liabilities as are properly payable out of the estate.
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not s101 personal property - 101(b) - banknotes and currency, precious metals as a hedge against inflation not considered personal tangiblle property,
107 Survivorship - 1) A person will not be regarded as having survived an intestate unless— (a) the person is born before the intestate’s death and survives the intestate by at least 30 days, or (b) the person is born after the intestate’s death after a period of gestation in the uterus that commenced before the intestate’s death and survives the intestate for at least 30 days after birth