8Multiple surviving spouses or de facto partners

#### 8 Multiple surviving spouses or de facto partners (1) If a deceased person has more than one surviving spouse or de facto partner, the surviving spouse or de facto partner who was living with the person immediately before his or her death is taken, for the purposes of Division 1 of Part 2 and paragraph 29(h), to be the person’s sole surviving spouse or de facto partner. (2) For the purposes of subsection (1), the person is taken to have been living with a spouse or de facto partner immediately before the death of the person if they were not living together at that time only because of: (a) a temporary absence from each other; or (b) illness or infirmity of either or both of them.