entitled to share their proportion of a deceased intestate’s property in equal
shares.
(2) Any child of a deceased lineal descendant, whose descent is not
traced through any living lineal descendant and who survives the intestate,
shall take the share which the deceased lineal descendant would have taken
under subsection (1) had he or she survived the intestate.
29.
Reservation of a principal residential holding from distribution.
(1) No wife or child of an intestate occupying a residential holding
under section 26 and the Second Schedule to this Act shall be required to
bring that occupation into account in assessing any share in the property of
an intestate to which the wife or child may be entitled under section 27.
(2) No person entitled to any interest in a residential holding under
section 26(1) shall be required to bring that interest into account in assessing
any share in the property of an intestate to which that person may be entitled
under section 27.
30.
Separation of husband and wife.
(1) No wife or husband of an intestate shall take any interest in the
estate of an intestate if, at the death of the intestate, he or she was separated
from the intestate as a member of the same household.
(2) This section shall not apply where such wife or husband has been
absent on an approved course of study in an educational institution.
(3) Notwithstanding subsection (1), a court may, on application by
or on behalf of such husband or wife, whether during the life or within six
months after the death of the other party to the marriage, declare that
subsection (1) shall not apply to the applicant.
(4) Section 38(5) shall apply mutatis mutandis to an application made
under subsection (3) in determining whether a declaration under this section
should be made.
(5) A declaration made under subsection (3) shall authorise the
applicant to take no more than a proportion of the intestate’s property entitled
to him or her under section 27.
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