Administration and Probate Amendment Act 1999 (TAS)

Administration and Probate Amendment Act 1999

An Act to amend the Administration and Probate Act 1935

[Royal Assent 15 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Administration and Probate Amendment Act 1999 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Administration and Probate Act 1935 is referred to as the Principal Act. 4Section 44 amended (Succession on intestacy) Section 44 of the Principal Act is amended as follows: (a) by inserting the following subsections after subsection (3) : (3A)  Notwithstanding subsections (2) and (3) , if the intestate leaves a husband or wife and a de facto husband or de facto wife, the whole or any part of the residuary estate of the intestate required to be held in trust for the husband or wife of the intestate is to be held in trust for – (a) the de facto husband or de facto wife who was the de facto husband or de facto wife for a continuous period of not less than 2 years immediately before the death of the intestate if the intestate during the whole or any part of that period of 2 years did not live with the husband or wife; or (b) in any other case, the husband or wife. (3B)  Notwithstanding subsection (3) , if the intestate leaves a de facto husband or de facto wife and issue but no husband or wife, the whole or any part of the residuary estate of the intestate that would have been required to be held in trust for the husband or wife is to be held in trust for – (a) the de facto husband or de facto wife if the de facto husband or de facto wife was the de facto husband or de facto wife for a continuous period of not less than 2 years immediately before the death of the intestate; or (b) in any other case – (i) subject to subparagraph (ii) , the issue; or (ii) the de facto husband or de facto wife if the intestate leaves no children or leaves children of the intestate who are also children of the de facto husband or de facto wife. (b) by omitting from subsection (6) "widow or widower" and substituting "husband or wife"; (c) by omitting from subsection (7) "widow or widower" and substituting "husband or wife"; (d) by omitting subsection (8) and substituting the following subsections: (8)  A husband and wife are to be treated as separate persons for the purpose of distribution or division under this section. (9)  In this section , unless the context otherwise requires – de facto husband means a man who, at the time of death of a woman – (a) was the sole partner in a de facto relationship with the woman; and (b) was not a partner in any other de facto relationship; de facto relationship means the relationship between a man and a woman who, although not legally married to each other, live together as husband and wife on a genuine domestic basis; de facto wife means a woman who, at the time of death of a man – (a) was the sole partner in a de facto relationship with the man; and (b) was not a partner in any other de facto relationship; husband includes a de facto husband; wife includes a de facto wife. 5Application of ActThe amendments made to section 44 of the Administration and Probate Act 1935 by this Act do not apply in respect of the estate of a person who died wholly or partially intestate before the commencement of the De Facto Relationship Act 1999 .

[Second reading presentation speech made in:

House of Assembly on 17 NOVEMBER 1999

Legislative Council on 2 DECEMBER 1999]