Administration and Probate Act 1969

A personal representative of an intestate is not authorized to sell or otherwise dispose of the interest of the intestate in a dwelling in which the spouse or de facto partner of the intestate was residing at the date of the intestate's death during the period of one year after the date on which representation in the estate of the intestate is granted by the Court or, if that period is extended by the Court, during that extended period without the consent in writing of the spouse or de facto partner, except in the course of administration owing to want of other assets or except with the approval of the Court.

Where on an application for an order under section 76 made by the spouse or de facto partner or by the personal representatives of the intestate, the Court does not order that the right conferred by section 73 may be exercised by the surviving spouse or de facto partner, the Court may approve the disposal of the interest in the dwelling within the period of one year referred to in subsection (1).

This section does not apply where the spouse or de facto partner of the intestate is the sole personal representative, or one of 2 or more personal representatives, of the intestate.

Nothing in this section shall be taken to affect the validity of a sale by the personal representatives of an intestate of any part of the estate of the intestate.