Section 6 Division of intestate estate among those having right thereto.

Scotland

If, by virtue of the foregoing provisions of this Part of this Act, there are two or more persons having right among them to the whole, or, in a case to which section 2(1)(b) of this Act relates, to a half, of an intestate estate, then the said estate, or, as the case may be, that half thereof, shall—

(a)

if all of those persons are in the same degree of relationship to the intestate, be divided among them equally, and

(b)

in any other case, be divided equally into a number of parts equal to the aggregate of—

(i)

those of the said persons who are nearest in degree of relationship to the intestate (in this section referred to as “the nearest surviving relatives”) and

(ii)

any other persons who were related to the intestate in that degree, but who have F1failed to survive him leaving issue who survive him;

and, of those parts, one shall be taken by each of the nearest surviving relatives, and one shall be takenper stirpesby the issue of each of the said F2persons who have failed to survive the deceased.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .