25.
Devolution of property of a deceased dying intestate.
All property in an intestate estate devolves upon the personal representative
of the deceased upon trust for those persons entitled to the property under
this Act.
PART V—DISTRIBUTION OF AN INTESTATE’S PROPERTY.
26.
Devolution of residential holdings.
(1) The residential holding normally occupied by a person dying
intestate prior to his or her death as his or her principal residence or owned
by him or her as a principal residential holding, including the house chattels
therein, shall be held by his or her personal representative upon trust for his
or her legal heir subject to the rights of occupation and terms and conditions
set out in the Second Schedule to this Act.
(2) Any other residential holding possessed by the intestate at his or
her death shall be held by his or her personal representative upon trust and,
subject to the rights of occupation and terms and conditions set out in the
Second Schedule to this Act, shall be dealt with in accordance with the
remaining provisions of this Part.
(3) Any dispute arising as to the exact area of any portion of land
subject to this section or as to what person has the right to occupy the land
or any part of it shall be settled by the personal representative.
(4) Any person who is aggrieved by any decision of the personal
representative under subsection (3) may appeal from the decision to a
magistrate.
27.
Distribution on the death of a male intestate.
(1) Subject to sections 29 and 30, the estate of a person dying
intestate, excepting his principal residential holding, shall be divided among
the following classes in the following manner—
(a) where the intestate is survived by a customary heir, a wife, a
lineal descendant and a dependent relative—
(i) the customary heir shall receive 1 percent;
(ii) the wives shall receive 15 percent;
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