8Definition of “resident”

8 Definition of “resident”

8 Definition of “resident”

(1) For the Act, section 4(1), definition of resident, paragraph (c), surviving partners are prescribed as a class of persons.

(2) Subsection (1) does not apply to a surviving partner if compliance with the terms of a deceased resident’s will requires, whether directly or indirectly, the surviving partner to vacate the residential premises.

Example—

The deceased resident’s will might provide, for example, for a bequest of a sum of money that the deceased resident’s estate may raise only by delivering vacant possession of the residential premises to the operator of the village so as to obtain a refund of the deceased resident’s ingoing contribution.

(3) In this section—

surviving partner means a person who—

(a) was the spouse or de facto partner of a resident of a retirement village immediately before the resident died or otherwise permanently vacated the premises, and

(b) occupied residential premises in the retirement village with the resident, and

(c) continues to occupy the premises.