1986 Ed.]
Intestates' Estates
[CAP. 73
7
trusts for any class of relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate (other than the provision for bringing any money or property into account) as if such trusts (other than as aforesaid) were repeated with the substitution of references to the members or member of that class for references to the children or child of the intestate.
(4) References in section 4(2), (3) or (4) to the intestate leaving, or not leaving, a member of the class consisting of brothers or sisters of the intestate and issue of brothers or sisters of the intestate shall be construed as references to the intestate leaving, or not leaving, a member of that class who attains an absolutely vested interest.
(5) Where the trusts in favour of any class of relatives of the intestate, other than issue of the intestate, fail by reason of no member of that class attaining an absolutely vested interest, the residuary estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall, by virtue of subsections (2) and (3) of this section, go, devolve and be held under the provisions of this Ordinance as if the intestate had died without leaving any member of that class, or issue of any member of that class, living at the death of the intestate.
6. The personal representatives may raise the net sum of $50,000 or $200,000, as the case may be, or any part thereof and the interest thereon payable to the surviving husband or wife of the intestate on the security of the whole or any part of the residuary estate of the intestate, so far as that estate may be sufficient for the purpose or the said sum and interest thereon may not have been satisfied by an appropriation under the statutory power available in that behalf under section 7.
7. (1) Where the residuary estate of an intestate stands charged with the payment of the net sum of $50,000 or $200,000, as the case may be, or the said sum as diminished in accordance with section 8, to the surviving husband or wife, the surviving husband or wife may in writing require the personal representatives to appropriate any personal chattel in or towards the satisfaction of all or part of the said net sum of $50,000 or $200,000, as the case may be, or the said sum so diminished, and the interest thereon.
(2) A right conferred by this section shall not be exercisable after the expiration of 6 months from the first grant of administration to the estate of the intestate.
(3) For the purposes of such appropriation, the personal representatives may ascertain and fix the values of the respective personal chattels to be appropriated and may for that purpose employ a duly qualified valuer in any case where such employment may be necessary and may make any transfer of the personal chattels appropriated which may be requisite for giving effect to the appropriation.
Powers of personal representatives in respect of sums payable to surviving husband or wife.
1925 c. 23. s. 48(2).
Right of surviving spouse to require chattels to be appropriated.