Section 1K — Property (Relationships) Act 1976: Part 8 (division of property where 1 spouse or partner dies)

1K Part 8 (division of property where 1 spouse or partner dies) Part 8 sets out how the property of a husband and wife, civil union partners, or de facto partners is to be divided when 1 of them dies. It deals with matters like— (a) what if the deceased spouse or partner has left a will? (b) can the estate of the deceased spouse or partner make a claim against the spouse or partner who is still alive? (c) what is the effect on rights under other legislation that relates to claims to a deceased person's property (such as the Law Reform (Testamentary Promises) Act 1949 and the Family Protection Act 1955 )? Part 1 (comprising sections 1A to 1L) was inserted, as from 1 February 2002, by section 6 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 1K 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 ” . Section 1K was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by inserting the words “ , civil union partners, ” after the word “ wife ” . Paragraphs (a) and (b) were 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 ” wherever they appear.