Administration and Probate Act 1969

(1) Subject to the provisions of this Division, where the intestate estate of an intestate who is survived by his or her spouse or de facto partner comprises or includes an interest in a dwelling in which the spouse or de facto partner of the intestate was residing at the date of the intestate's death, the spouse or de facto partner may elect to have that interest appropriated under section 81 in or towards the satisfaction of any interest of the spouse or de facto partner in the real and personal property of the intestate; and, if the spouse or de facto partner so elects, the personal representative of the intestate shall appropriate that interest accordingly.

(2) An election under this section may be exercised within a period of one year after the date on which representation in the estate of the intestate is granted by the Court or within such extended period as the Court allows.

(a) probate of a will of the intestate has been revoked on the ground that the will be invalid;

(b) a question whether a person had an interest in the estate of the intestate, or a question as to 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, as the case may be; or

(c) the Court, for any other reason affecting the administration or distribution of the estate, considers it proper to do so,

the Court may extend the period specified in subsection (2).

(4) An election by a spouse or de facto partner shall be furnished in writing:

(a) if the spouse or de facto partner is not a personal representative of the intestate – to the personal representative or to each personal representative, as the case may be, of the intestate;

(b) if the spouse or de facto partner is one of the personal representatives of the intestate – to the other personal representative, or to each other personal representative, as the case may be, of the intestate; or

(c) if the spouse or de facto partner is the sole personal representative of the intestate – to the Registrar.

(5) An election is not revocable except with the consent of the personal representative or of each personal representative, as the case may be, of the intestate.

(6) A spouse or de facto partner may require the personal representative of the intestate to have the interest in the dwelling valued, and to inform him or her of the result of that valuation, before deciding whether to exercise the right conferred by this Division.