sec.54Where residue may be paid to spouse

### sec.54 Where residue may be paid to spouse Where the net residue of an intestate estate under administration does not exceed $30,000 in money or in value as estimated by the public trustee, and the intestate is survived by a spouse, the public trustee may, if the public trustee thinks fit, pay, deliver or transfer the whole of such residue to the spouse. Where, in the case of an intestate estate under administration— the intestate is survived by a spouse; and after a lapse of 3 years from the death of the intestate the public trustee does not know of, and has not by reasonable efforts been able to establish, the existence of any person entitled to share as next of kin in the balance of the residuary estate; the public trustee may pay or transfer to the spouse the share in question but nothing in this subsection shall prejudice the right of any person entitled to such share or any part thereof to recover the same from the spouse. For subsections (1) and (2) , the spouse of the intestate includes a de facto partner of the intestate only if the intestate and the de facto partner had lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA for a continuous period of at least 2 years ending on the intestate’s death. Subsection (3) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 54 amd 1988 No. 73 s 9 ; 1994 No. 24 s 3 (1) sch ; 2002 No. 74 s 62 ; 2004 No. 43 s 104 ; 2007 No. 37 s 162 sch (sec.54-ssec.1) Where the net residue of an intestate estate under administration does not exceed $30,000 in money or in value as estimated by the public trustee, and the intestate is survived by a spouse, the public trustee may, if the public trustee thinks fit, pay, deliver or transfer the whole of such residue to the spouse. (sec.54-ssec.2) Where, in the case of an intestate estate under administration— the intestate is survived by a spouse; and after a lapse of 3 years from the death of the intestate the public trustee does not know of, and has not by reasonable efforts been able to establish, the existence of any person entitled to share as next of kin in the balance of the residuary estate; the public trustee may pay or transfer to the spouse the share in question but nothing in this subsection shall prejudice the right of any person entitled to such share or any part thereof to recover the same from the spouse. (sec.54-ssec.3) For subsections (1) and (2) , the spouse of the intestate includes a de facto partner of the intestate only if the intestate and the de facto partner had lived together as a couple on a genuine domestic basis within the meaning of the Acts Interpretation Act 1954 , section 32DA for a continuous period of at least 2 years ending on the intestate’s death. (sec.54-ssec.4) Subsection (3) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . - (a) the intestate is survived by a spouse; and - (b) after a lapse of 3 years from the death of the intestate the public trustee does not know of, and has not by reasonable efforts been able to establish, the existence of any person entitled to share as next of kin in the balance of the residuary estate;