De facto partners and distribution on intestacy
15 De facto partners and distribution on intestacy
If the intestate dies leaving a de facto partner but no husband or wife, then where the de facto partner and the intestate lived as de facto partners for a period of at least 2 years immediately before the death of the intestate, the de facto partner shall be entitled, in accordance with section 14, to the intestate property to which a husband or wife of the intestate would have been entitled, had the intestate died leaving a husband or wife.
If the intestate dies leaving a husband or wife and a de facto partner, then where —
the de facto partner and the intestate lived as de facto partners for a period of at least 2 years immediately before the death of the intestate; and
the intestate did not, during the whole or any part of that period, live as the husband or wife of the person to whom he or she was married,
the de facto partner shall be entitled, to one‑half of the intestate property to which the husband or wife would have been entitled in accordance with section 14 but for this subsection and the husband or wife shall be entitled to the other half of that property.
If the intestate dies leaving a husband or wife and a de facto partner, then where —
the de facto partner and the intestate lived as de facto partners for a period of at least 5 years immediately before the death of the intestate; and
the intestate did not, during the whole or any part of that period, live as the husband or wife of the person to whom he or she was married,
the de facto partner shall be entitled, in accordance with section 14, to the intestate property to which the husband or wife would have been entitled but for this subsection.
Where under this section a de facto partner is entitled to intestate property and the intestate dies leaving more than one de facto partner so entitled, those de facto partners are entitled to that property in equal shares.
Where under this section a de facto partner is entitled to intestate property, then for the purposes of section 14 and the Fourth Schedule, the de facto partner is to be taken to be a husband or wife, as is applicable, and all references to a husband or wife in those provisions are to be construed accordingly.
In this section —
intestate and intestate property have the same respective meanings as they have in section 14.
The amendments made to this Act by the Family Court Amendment Act 2002 do not apply to or in respect of the estate of a person who died intestate as to all or any of the person’s property before the commencement of that Act, and the estate of such a person is to be distributed as if that Act had not been passed.
[Section 15 inserted: No. 25 of 2002 s. 52.]
[15A. Deleted: No. 138 of 1976 s. 4.]
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