To whom the office of head of the family belongs

(1) The office of head of the family belongs in order of priority to— (a) the surviving spouse, unless the spouse does not have a share in the assets to be partitioned and does not have descendants, who are still minors, as heirs; (b) the children, who are not under a disability, and in default of children, other descendants who are not under a disability; (c) the other heirs, who are not -under a disability. (2) In the category of children, other descendants and other heirs, the following shall have preference:— (a) the heirs who are living with the deceased over the others; (b) where there are more than one in the same circumstances, the elder shall have preference. (3) The heir, who was residing permanently in the company of the estate leaver only, shall be deemed to be the heir living with the estate leaver.