Queensland Consolidated Acts

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SUCCESSION ACT 1981 - SECT 5AA

Who is a person’s spouse

5AA Who is a person’s spouse

(1) Generally, a person’s
"spouse" is the person’s—
(a) husband or wife; or
(b) de facto partner, as defined in the Acts Interpretation Act 1954 (the
"AIA" ), section 32DA ; or
(c) civil partner, as defined in the AIA, schedule 1 .
(2) However, a person is a
"spouse" of a deceased person only if, on the deceased’s death—
(a) the person was the deceased’s husband or wife; or
(b) the following applied to the person—
(i) the person was the deceased’s de facto partner, as defined in the AIA, section 32DA ;
(ii) the person and the deceased had lived together as a couple on a genuine domestic basis within the meaning of the AIA, section 32DA for a continuous period of at least 2 years ending on the deceased’s death; or
(ba) the person was the deceased’s civil partner; or
(c) for part 4 , the person was—
(i) a person mentioned in paragraph (a) , (b) or (ba) ; or
(ii) the deceased’s dependant former husband or wife or civil partner.
(3) Subsection (2) applies—
(a) despite the AIA, section 32DA (6) and schedule 1 , definition
"spouse" ; and
(b) whether the deceased died testate or intestate.
(4) In this section—

"dependent former husband or wife or civil partner" , of a deceased person, means—
(a) a person who—
(i) was divorced by or from the deceased at any time, whether before or after the commencement of this Act; and
(ii) had not remarried or entered into a civil partnership with another person before the deceased’s death; and
(iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased; or
(b) a person who—
(i) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and
(ii) had not married or entered into another civil partnership before the deceased’s death; and
(iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased.



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