Sister of a person mean a brother or sister who is a

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sister of a person mean a brother or sister who is a child of the same father as that person (the Bill making separate provision for brothers and sisters who are children of the same parents and those who are children of only one common parent). 3. Clause 3 adds a new section 3A concerning a person whose parents were not married at any time between his conception and birth. The new section provides that, when such a person dies, he is presumed not to have been survived by his father or any person related to him only through his father. The section does not apply in relation to persons who have been legitimated or lawfully adopted. 4. Clause 4 amends section 4, which provides how the residuary estate of an intestate (i.e. those assets of the intestate that are not disposed of by will and that remain after payment of all funeral and administration expenses, debts and other liabilities) is to be distributed. The amendments provide that – (a) the surviving spouse (if any) is to receive the whole residuary estate if the intestate leaves no descendant, parent, brother or sister who is a child of the same parents as the intestate, or descendant of such a brother or sister (previously the reference to brothers and sisters was to children of the same father as the intestate); (b) if the intestate leaves a spouse and a descendant, the spouse is to receive the personal chattels, $500,000 (instead of $50,000) and one half of the remainder of the estate, the other half going on trust for the descendant (s); 174
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(c) if the intestate leaves no descendant but does leave a surviving spouse and a parent, a brother or sister who is a child of the same parents as the intestate (previously a brother or sister who was a child of the same father), or a descendant of such a brother or sister, the surviving spouse is to receive the personal chattels, $1,000,000 (previously $200,000) and one half of the remainder of the estate; the other half going to the parent(s) of the intestate or, where there is no parent, on trust for the brothers and sisters who are children of the same parents; (d) if the intestate leaves no spouse, descendant or parent, the estate is distributed in the order and manner set out in the new subsection (8); this list differs from the previous list in that – (i) brothers and sisters of the intestate who are children of the same parents as the intestate, and brothers and sisters who are children of one of the parents of the intestate are provided for in the first 2 categories; previously only brothers and sisters who were children of the same father as the intestate were provided for; and (ii) uncles and aunts of the intestate who are full brothers or sisters of a parent of the intestate, and those who are half brothers or sisters of such a parent, are provided for in categories 4 and 5; previously the only uncles and aunts provided for were those who were children of the same father as the intestate; (e) interest is payable on the amounts referred to in paragraphs (a) and (b) above from the date of death until payment at the same rate as is payable on judgment debts (instead of at 5% a year).
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