Succession Act, 1925 — Section 43: Where intestate’s father dead but his mother, brothers and sisters living

43. Where intestate’s father dead but his mother, brothers and sisters living. If the intestate’s father is dead, but the intestate’s mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. Illustration A dies intestate, survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth. 44. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living. If the intestate’s father is dead, but the intestate’s mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each takes one fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them. 45. Where intestate’s father is dead and his mother and children of any deceased brother or sister living. If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. Illustration A, the intestate, leaves no brother or sister, but leaves his mother and one child of a deceased sister, Mary, and two children of a deceased brother, George. The mother takes one- third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between them. 46. Where intestate’s father is dead, but his mother living and no sister, brother, nephew or niece. If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.