JCW

(Court of Appeal) [distribution during intestacy- only brothers and sisters living at time of death of deceased was entitled to his estate ] Justin and Chooi Peng were counsel for the Appellant. The Court of Appeal held that pursuant to Section 6 (1)(i) of the Distribution Act, only the brothers and sisters of the deceased living at the time of his death was entitled to his estate.   The Court of Appeal further amongst others held that   (i)The English Administration of Estate Act 1925 and the provisions of the Indian and NSW legislations are not in pari materia with Section 6 and 7 of the Distribution Act; (ii)The emphasis is on the phrase “living at the death of the intestate” in Section 6 (1) (i) of the Distribution Act; (iii)If the nephews of the intestate are taking a share of their late father’s entitlement in the estate of the intestate under Section 7 of the Distribution Act, they are caught by subsection 6 (1)(i) The Respondent’s application for leave to appeal to the Federal Court was refused.