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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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