Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 39D

39D Personal representative not to dispose of intestate’s interest in shared home pending election or if election made

(1) This section applies if a spouse is entitled to make an election under section 39A to acquire an intestate’s interest in a shared home.

(2) The personal representative must not sell or otherwise dispose of the intestate’s interest in the shared home—

(a) if the time within which the election may be made has not ended; or

(b) contrary to an election under section 39A .

(3) However, subsection (2) does not prevent an intestate’s interest in the shared home being disposed of as a last resort to pay a liability of the intestate.

(4) A disposal of the intestate’s interest in the shared home in contravention of subsection (2) does not affect the validity of the disposal.