Section 44 of the Principal Act is amended as follows:

(a) by inserting the following subsections after subsection (3) :

(3A)  Notwithstanding subsections (2) and (3) , if the intestate leaves a husband or wife and a de facto husband or de facto wife, the whole or any part of the residuary estate of the intestate required to be held in trust for the husband or wife of the intestate is to be held in trust for –

(a) the de facto husband or de facto wife who was the de facto husband or de facto wife for a continuous period of not less than 2 years immediately before the death of the intestate if the intestate during the whole or any part of that period of 2 years did not live with the husband or wife; or

(b) in any other case, the husband or wife.

(3B)  Notwithstanding subsection (3) , if the intestate leaves a de facto husband or de facto wife and issue but no husband or wife, the whole or any part of the residuary estate of the intestate that would have been required to be held in trust for the husband or wife is to be held in trust for –

(a) the de facto husband or de facto wife if the de facto husband or de facto wife was the de facto husband or de facto wife for a continuous period of not less than 2 years immediately before the death of the intestate; or

(b) in any other case –

(i) subject to subparagraph (ii) , the issue; or

(ii) the de facto husband or de facto wife if the intestate leaves no children or leaves children of the intestate who are also children of the de facto husband or de facto wife.

(b) by omitting from subsection (6) "widow or widower" and substituting "husband or wife" ;

(c) by omitting from subsection (7) "widow or widower" and substituting "husband or wife" ;

(d) by omitting subsection (8) and substituting the following subsections:

(8)  A husband and wife are to be treated as separate persons for the purpose of distribution or division under this section.

(9)  In this section , unless the context otherwise requires –

de facto husband means a man who, at the time of death of a woman –

(a) was the sole partner in a de facto relationship with the woman; and

(b) was not a partner in any other de facto relationship;

de facto relationship means the relationship between a man and a woman who, although not legally married to each other, live together as husband and wife on a genuine domestic basis;

de facto wife means a woman who, at the time of death of a man –

(a) was the sole partner in a de facto relationship with the man; and

(b) was not a partner in any other de facto relationship;

husband includes a de facto husband;

wife includes a de facto wife.