(a) Issue, lineal descendants. The property shall be divided equally among the intestate‘s children, and the issue of any deceased child by right of representation, and if there is no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all such descendants are in the same degree of kindred to the intestate, they shall share the estate per capita, that is, equally; otherwise they shall inherit per stirpes, that is, by each of the children taking a share, and the grandchildren, the children of a deceased child taking a share, to be afterwards divided among themselves.
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Terms Used In Hawaii Revised Statutes 532-4
- Intestate: Dying without leaving a will.
- issue: as used in this chapter , includes all the lawful lineal descendants of the ancestor. See Hawaii Revised Statutes 532-1
- Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
If he leaves no issue, nor father, nor mother, his estate shall descend one-half to his widow, and the other half to his brothers and sisters, and to the children of any deceased brother or sister by right of representation. If he leaves no issue, nor father, nor mother, nor widow, his estate shall descend to his brothers and sisters, and to the children of any deceased brother or sister by right of representation.
(c) Husband; father and mother; brothers and sisters. If the intestate is a woman and leaves no issue, her estate shall descend one-half to her husband, and the other half to her father and mother as tenants in common, and if she leaves no husband, nor issue, the whole shall descend to her father and mother, or to either of them if only one is alive; if she leaves no issue, nor father, nor mother, her estate shall descend one-half to her husband and the other half to her brothers and sisters, and to the children of any deceased brother or sister by right of representation. If she leaves no issue, nor father, nor mother, nor husband, her estate shall descend to her brothers and sisters, and to the children of any deceased brother or sister by right of representation.
(d) Widow or husband. If the intestate leaves no issue nor father, mother, brother, or sister, nor descendants of any deceased brother or sister, the estate shall descend to the intestate’s widow, if any; or in case the intestate is a woman, to her husband, if any.
(e) Otherwise, next of kin. If the intestate leaves none of such relatives surviving, nor widow, nor husband, the estate shall descend in equal shares to the next of kin in equal degree, but no person shall be entitled, by right of representation to the shares of the next of kin who have died; provided that if the estate comes through either parent of the deceased intestate, the brothers and sisters of that parent and their respective heirs shall be preferred to those of the other parent.
