7. Trusts in favour of issue and other classes of relatives of intestate
Feedback & supportWhere under the provisions of section 6, the estate of an intestate or any part thereof is directed to be held on the trusts set out in this section for the issue of the intestate, the same shall be held in trust in equal shares if more than one for all or any of the children or child of the intestate living at the death of the intestate, who attain the age of majority or marry under that age, and for all or any of the issue living at the death of the intestate, who attain the age of majority or marry under that age, of any child of the intestate who predeceases the intestate, such issue to take through all degrees according to their stocks, in equal shares if more than one, the share which their parent would have taken if living at the death of the intestate, and so that no issue shall take whose parent is still living at the death of the intestate and so capable of taking.
Where under section 6 the estate of an intestate or any part thereof is directed to be held on the trusts set out in this section for any class of relatives of the deceased other than issue of the intestate, the same shall be held on trusts corresponding to the trusts set out in subsection (1) of this section for the issue of the intestate as if such trusts 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.
If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest, the estate of the intestate and the income thereof and all 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 go, devolve and be held under the provisions of this Act as if the intestate had died without leaving issue living at the death of the intestate, and accordingly references in section 6 to the intestate “leaving issue” and “leaving no issue” shall be construed respectively as referring to the intestate leaving issue or leaving no issue who attain an absolutely vested interest.