Document ID: chunk:federal_register_of_legislation:C2004A03539:body:0:p56
Version: federal_register_of_legislation:C2004A03539
Segment Type: other
Provision Reference: 
Character Range: 136105–138718

executor of the will; and
    (b) the waiting period has elapsed without an application for letters of administration with the will annexed having been made;
the Commission may, subject to subsection (6), approve payment of the whole or part of that amount in accordance with the statutory order referred to in section 123d.
"(6) If probate of the will has not been obtained and letters of administration with the will annexed have not been granted, the Commission shall not approve a payment or payments under subsection (2), (4) or (5) in respect of the deceased if the amount of the payment, or the sum of the amounts of the payments made under those subsections, would exceed $20,000 or such higher amount as is prescribed for the purposes of this subsection.

Intestacy
"123c. Where the Commission is satisfied that:
    (a) the deceased did not leave a valid will; or
    (b) the deceased left a valid will but, even if the applicable sections did not apply to the amount, the will would not dispose of the deceased's right to the distributable amount (either expressly or as part of the residue of the deceased's estate);
the Commission may approve payment of the whole or part of that amount in accordance with the statutory order referred to in section 123d.

Statutory order of distribution
"123d. (1) Distribution of an amount in respect of the deceased in accordance with the statutory order shall, subject to subsections (2) and (3), be made to:
    (a) the known spouse of the deceased or the known spouses of the deceased in equal shares;
    (b) if there is no known spouse of the deceased—the known child of the deceased or the known children of the deceased in equal shares;
    (c) if there is no known spouse of the deceased and no known child of the deceased—the known parent of the deceased or the known parents of the deceased in equal shares; or
    (d) if there is no known spouse of the deceased, no known child of the deceased and no known parent of the deceased—the known sibling of the deceased or the known siblings of the deceased in equal shares.
"(2) Where:
    (a) a child (in this subsection called the 'beneficiary') of the deceased predeceases the deceased or dies before the approval of a payment under the applicable sections; and
    (b) there is a known child of the beneficiary or there are known children of the beneficiary;
the amount that would have been paid to the beneficiary had the beneficiary been alive at the time of approval shall be distributed to the child or to those children in equal shares.
"(3) Where:
    (a) a sibling of the deceased predeceases the