Succession Act 1981

This section applies if—

an intestate has an interest in a shared home that is not effectively disposed of by a will (whether or not the intestate leaves a will); and

at the time of the intestate’s death, the intestate’s spouse (the resident) ordinarily resided in the shared home.

Subject to section 39B, the resident may, by written notice, elect to acquire the intestate’s interest in the shared home at transfer value.

The election must be made—

if the resident is a personal representative—within 3 months after the resident’s appointment as personal representative; or

if the resident is not a personal representative—within 3 months after the personal representative gives the resident a written notice stating that—

if the resident wants to acquire the intestate’s interest in the shared home, the resident must elect to do so in accordance with this section within 3 months after the notice is given; and

in certain circumstances, the resident must first obtain an order of the court under section 39B allowing the election to be made.

The election must be given—

if the resident is not a personal representative—to the personal representative; or

if the resident is a joint personal representative—to each other personal representative; or

if the resident is the sole personal representative—to the registrar of the court.

To enable the resident to decide whether to make an election, the resident may ask the personal representative to obtain a valuation of the intestate’s interest in the shared home from a registered valuer and give a copy of it to the resident.

The personal representative must promptly comply with the request.

An election may only be revoked with the personal representative’s written consent.