South Australian Current Acts South Australian Current Acts103—Restriction on right of spouse or domestic partner to acquire
interest in dwelling
(1) An election under
section 102 may only be made with the approval of the Court if—
(a) the
dwelling forms part of a building and the deceased person's estate includes an
interest in the whole of the building; or
(b) the
dwelling forms part of a registered or registrable interest in land and—
(i)
the deceased estate includes an interest in the whole of
that interest; and
(ii)
part or all of the land is used for agricultural
purposes; or
(c) the
dwelling forms part of a building used as a hotel, motel, boarding house or
hostel at the date of the intestate's death.
(2) An application for
the approval of the Court to make an election must be made—
(a) if
the spouse or domestic partner is an administrator of the intestate
estate—within 3 months after the date on which administration of
the intestate estate was granted; or
(b) if
the spouse or domestic partner is not an administrator of the
intestate estate—within 3 months after the administrator gives the
spouse or domestic partner notice requiring them to make an election under
section 102,
or within such longer period as the Court may allow.
(3) The Court must not
approve the making of an election under section 102 unless the Court is
satisfied that the acquisition of the interest in the dwelling by the spouse
or domestic partner of the intestate is not likely to—
(a)
substantially diminish the value of the assets in the estate of the intestate;
or
(b) make
the disposal of the assets of the intestate estate substantially more
difficult.
(4) If the Court makes
an order approving the making of an election, the time for making the election
under section 102 is extended by a period of 30 days commencing on
the day on which the order is made.