65Effect of death of partner

### 65 Effect of death of partner > > (1)  The provisions of a personal relationship agreement or separation agreement requiring a partner to pay periodic maintenance to the other partner are – > > > > > > (a) on the death of the first-mentioned partner, unenforceable against his or her estate unless the agreement provides otherwise; and > > > > > > > (b) on the death of the second-mentioned partner, unenforceable by his or her estate. > > > (2)  [Subsection (1)](#GS65@Gs1@EN) does not affect the recovery of arrears of periodic maintenance due and payable under a personal relationship agreement or separation agreement at the date of death of the partner. > > > (3)  Unless a personal relationship agreement or separation agreement otherwise provides, the provisions of the agreement entered into by partners relating to property and lump sum payments are, on the death of one of the partners, enforceable on behalf of, or against, the estate of the deceased partner.