Right of spouse or de facto partner to personal chattels
67 Right of spouse or de facto partner to personal chattels
This section applies to the personal chattels of an intestate so far as not effectively disposed of by his or her will (if any), and has effect subject to section 67A.
Where the intestate is survived either by a spouse or by a de facto partner, but not by both, the surviving spouse or de facto partner, as the case may be, is entitled to the personal chattels absolutely.
Where the intestate is survived by both a spouse and a de facto partner:
the de facto partner is entitled to the personal chattels absolutely if:
he or she was the de facto partner of the intestate for a continuous period of not less than 2 years immediately preceding the intestate's death, and the intestate did not at any time during that period live with the person to whom he or she was married; or
the intestate is also survived by issue of the intestate and the de facto partner; and
except where paragraph (a) applies, the spouse is entitled to the personal chattels absolutely.
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