Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If an intestate is survived by both a spouse, civil union partner or civil partner and an eligible partner, the entitlement of each to the partnership share of the intestate estate must be worked out as follows:
(a) if the eligible partner and the intestate had been domestic partners continuously for less than 5 years when the intestate died—the partnership share of the intestate estate must be distributed equally between the spouse, civil union partner or civil partner and the eligible partner;
(b) if the eligible partner and the intestate had been domestic partners continuously for 5 years or more when the intestate died—the eligible partner is exclusively entitled to the partnership share.
(2) In this section:
"partnership share", in relation to an intestate, means the share of the estate to which the intestate's partner is entitled under this division.