Section 7

RULE (1)

If an intestate dies leaving a surviving spouse, no issue and no parent the spouse shall be entitled to the whole of the estate.

 Cap. 1 has been repealed by Act A 127 but not yet in force.

† Cap. 109 has been repealed by Act 128 of 1972 but not yet in force.

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RULE (2)

If an intestate dies leaving a surviving spouse and issue the spouse shall be entitled to one-third of the estate.

RULE (3)

Subject to the rights of the surviving spouse, if any, the estate (both as to the undistributed portion and the reversionary interest) of an intestate who leaves issue shall be distributed by equal portions to and amongst the children of such person dying intestate and such persons as legally represent such children, in case any of the said children be then dead, save that where any child is or was a married woman the amount of her portion shall be reduced by the amount of any money or other property given, paid or settled by the intestate on account of her marriage.

Proviso No. (1) — The persons who legally represent the children of an intestate are their descendants and not their next-of-kin.

Proviso No. (2) — Descendants of the intestate to the remotest degree stand in the place of their parent or other ancestor, and take according to their stocks the share which he or she would have taken.

RULE (4)

If an intestate dies leaving a surviving spouse and no issue but a parent or parents the spouse shall be entitled to all the personal chattels of the estate and one half of the remaining property of the estate.

RULE (5)

If there are no descendants the parent or parents of the intestate shall take the estate, in equal portions if there be two parents, subject to the rights of the surviving spouse (if any) as in Rule (4) provided.

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RULE (6)

If there are neither surviving spouse, descendants, nor parents, the brothers and sisters, or children of brothers or sisters of the intestate shall share the estate in equal portions between the brothers and sisters and the children of any brother and sister shall take according to their stocks the share which he or she would have taken.

RULE (7)

If there are no surviving spouse, descendants, parents, brothers and sisters but grand-parents of the intestate the grand-parents shall take the whole of the estate in equal portions.

RULE (8)

If there are no surviving spouse, descendants, parents, brothers and sisters or their children or grand-parents but uncles and aunts of the intestate the uncles and aunts shall take the whole of the estate in equal portions.

RULE (9)

In all other cases, the estate shall go to the next-of-kin, ascertained in accordance with the table in the Schedule, computing up from the intestate to the common ancestor and then down again to the claimant, the next-of-kin of equal degree sharing equally inter se.

RULE (10)

In default of distribution under the foregoing Rules the Government of Sabah shall be entitled to the whole of the estate.

Special provision if the intestate leaves lawful widows.