Australian Capital Territory Current Acts Australian Capital Territory Current ActsIn this part:
"eligible partner", of an intestate, means someone, other than the spouse, civil union partner or civil partner of the intestate, who—
(a) was the intestate's domestic partner when the intestate died; and
(b) either—
(i) had been the intestate's domestic partner continuously for 2 or more years when the intestate died; or
(ii) is the parent of the intestate's child, if the child was under 18 years old when the intestate died.
Note For the meaning of domestic partner , see Legislation Act
, s 169.
"intestate" means a person who dies on or after 1 July 1967 and either does not leave a will or leaves a will but does not dispose effectively, by the will, of the whole or part of his or her real or personal property.
"intestate estate", in relation to an intestate, means—
(a) for an intestate who leaves a will—the real and personal property of the intestate that is not effectively disposed of by the will; or
(b) in any other case—the real and personal property of the intestate.
"partner"—an intestate's partner is either of the following:
(a) the spouse, civil union partner or civil partner of the intestate when the intestate died;
(b) the eligible partner of the intestate.
"personal chattels", in relation to an intestate, means the tangible personal property of the intestate, other than the following:
(a) property used exclusively for a business purpose;
(b) banknotes or coins, unless they are part of a collection made in pursuit of a hobby or another non-commercial purpose;
(c) property held as a security;
(d) property in which the intestate invested as a hedge against inflation or adverse currency movements, such as gold bullion or uncut diamonds;
(e) an interest in land.
"personal representative", in relation to an intestate, means the executor of the will, or the administrator of the estate, of the intestate.