53Value to be accepted instead of partition

#### 53 Value to be accepted instead of partition 53 Value to be accepted instead of partition > A spouse of an intestate who is entitled to share in real estate (other than real estate comprising an interest in real estate the spouse has elected to acquire under section 115 (Spouse’s right of election) of the [Succession Act 2006](/view/html/inforce/current/act-2006-080)) shall be bound to accept the value of that real estate instead of partition if all other persons entitled to that real estate with the spouse so desire. > > **s 53:** Subst 1977 No 122, Sch 2 (5). Am 1994 No 32, Sch 3; 1999 No 4, Sch 2.25 \[2\]; 2009 No 29, Sch 2.5 \[4\].