First Home Owner Grant Act 2000

An application for a first home owner grant does not lapse because an applicant dies before the application is decided.

If an applicant dies before the application is decided, the following provisions apply:

if the deceased applicant was one of 2 or more applicants and 1 or more applicants survive—the application is to be dealt with as if the surviving applicants were the sole applicants;

in any other case—a first home owner grant, if payable on the application, is to be paid to the estate of the deceased applicant.

A deceased applicant for a first home owner grant is taken to have complied with section 12 (Criterion 5—Residence requirements) if—

the applicant had not, when the applicant died, complied with that section; and

the commissioner is satisfied the applicant intended to comply with that section.