Report No. 110
10.2. Points of difference (males and females).-
Two important points of difference arise between males and females. Where the intestate was a male, the share of each son (and the widow if alive) is double the share of each daughter, but where the intestate was a female, the children (and the widower if alive), share equally1. Secondly, where the intestate was a male who left children, the father is entitled to a share equal to half the share of a son and the mother is entitled to a share equal to half the share of a daughter. There is no such provision in the case of a female who has left children. Section 53 provides for the division of share of a predeceased child of the intestate where that child has left any 'lineal descendant'.
The situation where the intestate dies without leaving any lineal descendant but leaving a widow or widower (of the intestate) or widow of a lineal descendant, is first dealt with (section 54). The persons mentioned in the preceding sentence do not necessarily take the entire estate but only the specified portion of the estate. The residue is to be distributed among the relatives specified in the Second Schedule, Part I. Each male takes double the share of each female standing in the same degree of propinquity.
Next is dealt with the situation where the intestate has left no widow, widower or widow of a lineal descendant (section 55). The next of kin set out in the Second Schedule, Part II, becomes entitled to the property in such case, each male taking the share of each female standing in the same degree of propinquity (section 55).
Where there is no relative entitled to succeed under the section so far referred to, the property is to be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him (section 56).
1. For further comments see para. 10.5, infra.