45ADistribution between spouse, civil union partner or civil

45A Distribution between spouse, civil union partner or civil partner and eligible partner (1) If an intestate is survived by both a spouse, civil union partner or civil partner and an eligible partner, the entitlement of each to the partnership share of the intestate estate must be worked out as follows: (a) if the eligible partner and the intestate had been domestic partners continuously for less than 5 years when the intestate died—the partnership share of the intestate estate must be distributed equally between the spouse, civil union partner or civil partner and the eligible partner; (b) if the eligible partner and the intestate had been domestic partners continuously for 5 years or more when the intestate died—the eligible partner is exclusively entitled to the partnership share. (2) In this section: partnership share, in relation to an intestate, means the share of the estate to which the intestate’s partner is entitled under this division.