PART II F10Distribution on intestacy
7Rights of surviving spouseF1 or civil partner.
1
The surviving spouseF1 or civil partner of the intestate shall take the personal chattels.
2
If an intestate dies leaving a spouseF1 or civil partner and issue the surviving spouseF1 or civil partner shall, in addition to the personal chattels, take—
a
where the net value of the remaining estate does not exceedF2£250,000, the whole of the remaining estate;
b F3
where the net value of the remaining estate exceedsF2£250,000, the sum ofF2£250,000, free of all duties, charges and costs, and shall have a charge upon the remaining estate for that sum with interest thereon at the rate of fourF4 pounds per centum per annum [F5 or at such other rate as the head of the Department of Finance may specify by an order made subject to affirmative resolution] from the date of the death of the intestate until the date of payment thereof, together with—
i
where only one child of the intestate also survives, one-half of any residue left of the remaining estate after providing for that sum and the interest thereon;
ii
where more than one child of the intestate also survives, one-third of any residue left of the remaining estate after providing for that sum and the interest thereon.
3
For the purposes of the last preceding sub-section, if a child of the intestate predeceased him leaving issue who survive the intestate, the surviving spouseF1 or civil partner of the intestate shall take the same share of the estate as if the child had survived the intestate.
4
If an intestate dies leaving a spouseF1 or civil partner and no issue, but leaving parents or brothers or sisters or issue of deceased brothers or sisters, the spouseF1 or civil partner shall, in addition to the personal chattels, take—
a
where the net value of the remaining estate does not exceedF6£450,000, the whole of the remaining estate;
b
where the net value of the remaining estate exceedsF6£450,000
i F3
the sum ofF6£450,000, free of all duties, charges and costs, and shall have a charge upon the remaining estate for that sum with interest thereon at the rate of fourF4 pounds per centum per annum [F5 or at such other rate as the head of the Department of Finance may specify by an order made subject to affirmative resolution] from the date of the death of the intestate until the date of payment thereof together with—
ii
one-half of any residue left of the remaining estate after providing for that sum and the interest thereon.
F74A
The Minister of Home AffairsF8 may from time to time by order, subject to affirmative resolution, substitute larger amounts for the amounts mentioned in sub-sections (2) and (4) of this section but the amounts substituted in sub-section (2)( b) by any such order shall be the same as the amount substituted by that order in sub-section (2)( a) and the amounts substituted in sub-section (4)( b) by any such order shall be the same as the amount substituted by that order in sub-section (4)( a).
4B
Any order under sub-section (4A) shall have effect, and shall supersede any previous order, in relation to the estate of any person dying after the coming into force of the order.]
5
6
In this section references to the net value of the estate, or any part of the estate, of an intestate are references to the estimated market value thereof as at the date of the death of the intestate, after payment of all duties and charges thereon and of debts, funeral expenses and expenses of administration.
7
Nothing in this section shall prejudice or affect the operation of section fifteenF9 of the Matrimonial Causes Act (Northern Ireland), 1939 [1939 c.13] F11... with respect to the property of a wife who has been judicially separated from her husbandF1, or of section 180 of the Civil Partnership Act 2004F12, or of Article 20(2) of the Matrimonial Causes (Northern Ireland) Order 1978 .
1977 NI 17