Section 124 — Succession Act 2006 (NSW)

Spouses’ entitlement where any issue are not issue of a surviving spouse

If an intestate leaves more than one spouse and any issue who are not issue of a surviving spouse, the spouses are entitled to share, in accordance with this Division—
(a) the intestate’s personal effects, and
(b) the statutory legacy that would be payable if the intestate had left only one surviving spouse, and
(c) one-half of the remainder (if any) of the intestate estate.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 121 — Restriction on disposal of property from intestate estate
s 122 — Spouses’ entitlement where there are more than one spouse but no issue
s 123 — Spouses’ entitlement where issue are also issue of one or more of the spouses
s 125 — Sharing between spouses
s 126 — Distribution orders
s 127 — Entitlement of children

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