Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 49AA

    (1)     If—

        (a)     an intestate was, at the time of death, domiciled in the ACT; and

        (b)     immovable property situated in a place outside the ACT forms part of the intestate estate; and

        (c)     the intestate is survived both by a partner and by issue; and

        (d)     the partner is, under a law of that place, entitled to part or all of that property, or to a sum of money calculated by reference to the value of part or all of that property;

the property or part of the property, or the sum of money, to which, under that law, the partner is entitled, is taken to form part of the intestate estate for section 49 (3).

    (2)     Subject to subsection (4), if—

        (a)     an intestate was, at the time of death, domiciled outside the ACT; and

        (b)     the intestate is survived both by a partner and by issue; and

        (c)     immovable property situated in the ACT forms part of the intestate estate; and

        (d)     the partner is, under a law of a place outside the ACT, entitled to all or part of any other property (other than personal chattels) that forms part of the intestate estate, or to a sum of money calculated by reference to the value of all or part of that other property;

the property or part of the property, or the sum of money, to which, under that law, the partner is entitled, is taken to form part of the intestate estate for section 49 (3).

    (3)     If property or a sum of money is, under subsection (1) or (2), taken to form part of the intestate estate of an intestate, schedule 6, part 6.1, item 2 applies as if the references in that item to $200 000 were references to the sum ascertained by deducting from $200 000 an amount equal to the value of that property, or to that sum of money.

    (4)     Subsection (2) does not apply in relation to an intestate estate if the partner's share in that part of the estate that devolves in accordance with the law of the place where the intestate was domiciled would, under that law, be reduced by an amount calculated by reference to the value of part or all of the immovable property referred to in subsection (2) (c).