Victorian Current Acts

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ADMINISTRATION AND PROBATE ACT 1958 - SECT 70S

How partner's property election is made

    (1)     An intestate's partner who makes a partner's property election must make it in writing identifying, with reasonable particularity, the property of the intestate which the partner elects to acquire.

    (2)     Subject to subsection (4), the partner must give a copy of the partner's property election—

        (a)     to the personal representative who sent the partner the right to elect notice, if the partner is not a personal representative; and

        (b)     to each other person who is a personal representative, other than the partner if the partner is also a personal representative; and

        (c)     to each beneficiary, other than the partner, who is entitled to a share in the intestate's estate; and

        (d)     to the registrar.

    (3)     A partner who is required by subsection (2) to give a copy of a partner's property election to the persons referred to in that subsection, may apply to the Court for an order that a copy of the election is not required to be given to any or all of the persons specified in that subsection.

    (4)     On an application under subsection (3), the Court may order that the copy of the partner's property election need not be given to any or all of the persons referred to in subsection (2) if the Court considers that the giving of that copy of the election is unnecessary, unreasonable or impracticable in the circumstances of the case.

    (5)     In making an order under subsection (4), the Court may order that a copy of the partner's property election must be given to any other person specified by the Court in the order.

S. 70T inserted by No. 41/2017 s. 11.



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