Administration and Probate Act 1969

Where:

(a) a dwelling forms part of a building and an interest in the whole of the building is comprised in the intestate estate of an intestate;

(b) a dwelling is held with agricultural land and an interest in the agricultural land is comprised in the intestate estate of an intestate;

(c) the whole or part of a dwelling was, at the date of an intestate's death, used as a hotel or boarding-house; or

(d) a part of a dwelling was, at the date of an intestate's death, used for purposes other than domestic purposes,

the right conferred by this Division on the spouse or de facto partner of the intestate in respect of the dwelling is not exercisable by the spouse or de facto partner unless the Court, being satisfied that the exercise of that right is not likely to:

(e) diminish the value of the assets (other than the interest in the dwelling) in the intestate estate; or

orders that it be so exercisable.