The current scheme for intestate succession is patterned after legislation created in 1670. The report aims to reform the Intestate Succession Act in a manner more in line with the modern presumed intention of intestates, which has been gleaned through an examination of various studies. This report recommends that if an intestate died leaving a surviving spouse and issue, and all of the issue were of the surviving spouse, the entire estate should go to the surviving spouse. If one or more of the issue were not issue of the surviving spouse, then the surviving spouse would inherit the larger of $50,000, or one half of the estate, plus one half of the remainder. Any other issue of the intestate would share equally in the estates’ remaining assets. This report also recommends that certain estate divisions use a per capita calculation, rather than per stirpes basis, and suggests a parentelic system to replace the concept of degrees of consanguinity. This would mean that a grand-nephew would be preferred to a cousin, instead of both being treated as 4th degree relatives. Courts would be allowed to consider cohabitants as spouses. If the intestate is residing apart from the spouse with a cohabitant, the surviving spouse would be deemed to have predeceased the intestate, and the cohabitant would inherit the spouse’s share. The surviving spouse could always assert rights through the Matrimonial Property Act and the Family Relief Act. See the Report for Discussion No. 17, Division of Matrimonial Property on Death.