Administration and Probate Act 1929

Subject to this division, if the intestate estate of an intestate who is survived by a partner comprises or includes an interest in a dwelling house where the partner was residing at the date of the intestate’s death, the partner may elect to have that interest appropriated under the Trustee Act 1925, section 46 in or towards the satisfaction of any interest of the partner in the real and personal property of the intestate.

An election under this section may be exercised within a period of 1 year after the date representation in the estate of the intestate is granted by the Supreme Court or within any extended period the court allows.

If—

probate of a will of the intestate has been revoked on the ground that the will was invalid; or

a question whether a person had an interest in the estate of the intestate, or a question about the nature of an interest claimed in the estate of the intestate, had not been determined at the time when administration of the estate was granted or first granted; or

the Supreme Court, for any other reason affecting the administration or distribution of the estate, considers it proper to do so;

An election by a partner must be given in writing—

if the partner is not a personal representative of the intestate—to the personal representative, or to each personal representative, of the intestate; or

if the partner is 1 of the personal representatives of the intestate—to the other personal representative, or to each other personal representative, of the intestate; or

if the partner is the sole personal representative of the intestate—to the registrar.

An election is not revocable except with the consent of the personal representative or of each personal representative of the intestate.

A partner may require the personal representative of the intestate to have the interest in the dwelling house valued, and to inform the partner of the result of that valuation, before deciding whether to exercise the right given by this division.