Australian Capital Territory Numbered Acts

ADMINISTRATION AND PROBATE (AMENDMENT) (NO. 15 OF 1996) - SECT 8

8. Section 44 of the Principal Act is amended—

    (a)     by omitting from subsection (1) “Division” and substituting “Part”;

    (b)     by inserting in subsection (1) the following definitions:

“ ‘eligible partner', in relation to an intestate, means a person other than the intestate's legal spouse who—

        (a)     whether or not of the same gender as the intestate—was living with the intestate immediately prior to the death of the intestate as a member of a couple on a genuine domestic basis; and

        (b)     either—

              (i)     had lived with the intestate in that manner for 2 or more years continuously prior to the death of the intestate; or

              (ii)     is the parent of a child of the intestate who had not attained the age of 18 years at the date of death of the intestate;”;    

‘legal spouse', in relation to an intestate, means the husband or wife of the intestate immediately before the death of the intestate;

‘spouse', in relation to an intestate, means—

        (a)     the legal spouse of the intestate; or

        (b)     the eligible partner of the intestate.”; and

    (c)     by omitting from subsection (2) “this Division” and substituting “Division 2”.