Division 1 Entitlement of surviving spouse

110   Application of this Division

This Division applies where the intestate leaves a spouse (but not more than one spouse).

111   Spouse’s entitlement where no issue

If an intestate leaves a spouse but no issue, the spouse is entitled to the whole of the intestate estate.

112   Spouse’s entitlement where issue are also issue of the spouse

If an intestate leaves a spouse and issue and the issue are all also issue of the spouse, the spouse is entitled to the whole of the intestate estate.

113   Spouse’s entitlement where any issue are not issue of the spouse

If an intestate leaves a spouse and any issue who are not issue of the spouse, the spouse is entitled to:

(a)  the intestate’s personal effects, and

(b)  a statutory legacy, and

(c)  one-half of the remainder (if any) of the intestate estate.