If parent decease without will & leaving behind 3 children. Out of 3 children, 1 child had died ealier leaving behind his spouse & 2 children. How is the estate of the parent spilt, since 1 child had died so is allocation now 50/50 to surviving 2

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    answered on 26/09/2016

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    Under the Interstate Succession Act, if there is no surviving spouse, then the assets of the parent are divided between the three children equally. In the case of the dead child, his 2 children will stand in his place. Hence, 1/3 will go to the 2 grandchildren, while 1/3 will go to each of the 2 surviving children.

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