Succession Act 1965 section 67

Shares of surviving spouse and issue

Section 67 sets out how an intestate estate is divided between a surviving spouse and the deceased's children (or their descendants).

• If a spouse survives but there are no children or descendants, the spouse inherits the entire estate.
• If both a spouse and children (or descendants) survive, the spouse receives two-thirds of the estate and the remaining one-third is shared among the children and their descendants.
• If children or descendants survive but there is no surviving spouse, the children and descendants inherit the entire estate.
• Where all surviving children are of the same generation, they share equally; otherwise distribution follows a per stirpes basis, meaning each branch of the family receives an equal share.