Section 10B — Property (Relationships) Act 1976: Application of Act to division of relationship property on death of spouse or partner

10B Application of Act to division of relationship property on death of spouse or partner (1) This Act (including Part 8 ) applies to the division of relationship property between spouses or de facto partners when— (a) 1 of the spouses or partners dies on or after 1 February 2002 (except in the situation described in section 10D(1) ); or (b) in the case of spouses, 1 of them dies before 1 February 2002 and, at the date of that spouse's death, no proceedings have been commenced between the spouses under this Act or the Matrimonial Property Act 1963. (2) Subsection (1) applies whether or not a situation described in section 25(2) arose while both spouses or partners were alive. Part 3 (comprising sections 10A to 10D) was inserted, as from 1 February 2002, by section 16 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. The heading to section 10B was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsections (1)(a) and (2) were amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .