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Book 5 · Law of succession  ›  Division 1 · Succession › Section 1926

Heirs on intestacy of the third degree

(1) Heirs on intestacy of the third degree are the grandparents of the deceased and their descendants.

(2) If the grandparents are alive at the time of the devolution of an inheritance, they inherit alone and in equal shares.

(3) If the grandfather or the grandmother of one set of grandparents is no longer alive at the time of the devolution of an inheritance, the place of the deceased grandparent is taken by their descendants. Where there are no descendants, the share of the deceased grandparent falls to the other grandparent and, if the other grandparent is no longer alive, to the other grandparent’s descendants.

(4) If one set of grandparents are no longer alive at the time of the devolution of an inheritance and there are no descendants of the deceased grandparents, the other grandparents or their descendants inherit alone.

(5) To the extent that descendants take the place of their parents or more remote forebears, the provisions governing succession by heirs of the first degree apply.

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