78Death of lessee

### 78 Death of lessee > > (1)  If a lessee dies, the personal representative of the lessee may occupy the lease area until whichever of the following occurs first: > > > > > > (a) the expiration of 6 months after the date of the death of the lessee; > > > > > > > (b) the appointment as a personal representative is terminated; > > > > > > > (c) the distribution of the estate of the lessee is completed. > > > (2)  If the personal representative of a deceased lessee occupies the lease area, the representative is taken to be the lessee. > > > (3)  If the personal representative of a deceased lessee does not occupy the lease area, the lease expires 6 months after the date of the death of the lessee. > > > (4)  If a lease is held by 2 or more lessees and one of them dies, the surviving lessee or lessees hold the lease jointly with the personal representative of the deceased lessee until whichever of the following occurs first: > > > > > > (a) the lease expires; > > > > > > > (b) the lease is cancelled; > > > > > > > (ba) [*\[Section 78 Subsection (4) amended by No. 61 of 2001, s. 40, Applied:19 Sep 2001\]*](/view/html/inforce/2001-09-19/act-2001-061#GS40@EN) the lease is transferred; > > > > > > > (c) the lease is varied.