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Section 35 of Law of Succession Act CAP 160: Where intestate has left one surviving spouse and child or children

    

(1) Subject to the provisions of section 40, where an intestate has left one surviving spouse and a child or children, the surviving spouse shall be entitled to— (a) the personal and household effects of the deceased absolutely; and (b) a life interest in the whole residue of the net intestate estate:
Provided that, if the surviving spouse is a widow, that interest shall determine upon her re-marriage to any person.
(2) A surviving spouse shall, during the continuation of the life interest provided by subsection (1), have a power of appointment of all or any part of the capital of the net intestate estate by way of gift taking immediate effect among the surviving child or children, but that power shall not be exercised by will nor in such manner as to take effect at any future date.
(3) Where any child considers that the power of appointment under subsection (2) has been unreasonably exercised or withheld, he or, if a minor, his representative may apply to the court for the appointment of his share, with or without variation of any appointment already made.
(4) Where an application is made under subsection (3), the court shall have power to award the applicant a share of the capital of the net intestate estate with or without variation of any appointment already made, and in determining whether an order shall be made, and if so, what order, shall have regard to—
(a) the nature and amount of the deceased’s property;
(b) any past, present or future capital or income from any source of the applicant and of the surviving spouse;
(c) the existing and future means and needs of the applicant and the surviving spouse;
(d) whether the deceased had made any advancement or other gift to the applicant during his lifetime or by will;
(e) the conduct of the applicant in relation to the deceased and to the surviving spouse;
(f) the situation and circumstances of any other person who has any
vested or contingent interest in the net intestate estate of the
deceased or as a beneficiary under his will (if any); and
(g) the general circumstances of the case including the surviving spouse’s reasons for withholding or exercising the power in the manner in which he or she did, and any other application made under this section.
(5) Subject to the provisions of sections 41 and 42 and subject to any appointment or award made under this section, the whole residue of the net intestate estate shall on the death, or, in the case of a widow, re-marriage, of the surviving spouse, devolve upon the surviving child, if there be only one, or be equally divided among the surviving children.

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Disclaimer: This document is not to be taken as legal advise.

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