Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. After section 45 of the Principal Act the following section is inserted:
“45A. (1) Where an intestate is survived by both a legal spouse and an eligible partner, the entitlement to the spousal share of the intestate estate is to be determined as follows:
(a) if the eligible partner had lived as the eligible partner of the intestate continuously for a period of less than 5 years immediately before the intestate's death—the spousal share of the intestate estate shall be distributed equally between the eligible partner and the legal spouse;
(b) if the eligible partner had lived as the eligible partner of the intestate continuously for a period of 5 years or more immediately before the intestate's death—the eligible partner is exclusively entitled to the spousal share.
“(2) In this section—