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Administration and Probate Act 1969
67Right of spouse or de facto partner to personal chattels
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67 Right of spouse or de facto partner to personal chattels
(1) This section applies to the personal chattels of an intestate so far
as not effectively disposed of by his or her will (if any), and has
effect subject to section 67A.
Administration and Probate Act 1969 24
(2) Where the intestate is survived either by a spouse or by a de facto
partner, but not by both, the surviving spouse or de facto partner,
as the case may be, is entitled to the personal chattels absolutely.
(3) Where the intestate is survived by both a spouse and a de facto
partner:
(a) the de facto partner is entitled to the personal chattels
absolutely if:
(i) he or she was the de facto partner of the intestate for a
continuous period of not less than 2 years immediately
preceding the intestate's death, and the intestate did not
at any time during that period live with the person to
whom he or she was married; or
(ii) the intestate is also survived by issue of the intestate
and the de facto partner; and
(b) except where paragraph (a) applies, the spouse is entitled to
the personal chattels absolutely.