Section 21B — Property (Relationships) Act 1976: Surviving spouse or partner and personal representative may agree on division of property

21B Surviving spouse or partner and personal representative may agree on division of property (1) This section applies— (a) when proceedings are commenced while both spouses or partners are alive, and 1 spouse or partner dies before the proceedings are completed; or (b) when 1 spouse or partner dies and the other spouse or partner, or the personal representative of the deceased spouse or partner, intends to commence, or commences, proceedings after the death of the deceased. (2) If this section applies, a surviving spouse or partner (the survivor ) and the personal representative of the deceased spouse or partner may, for the purpose of settling the proceedings or (as the case requires) a claim by the survivor or the personal representative with respect to property owned by either or both of those spouses or partners, make any agreement they think fit with respect to the status, ownership, and division of that property. (3) If the survivor is also the sole executor or sole administrator of the estate of the deceased spouse or partner, an agreement under this section is not valid unless the Court approves the agreement. (4) Subsection (3) does not apply if a grant of administration is not required. (5) This section is subject to section 47 . Sections 21A to 21T were inserted, as from 1 August 2001, by section 21(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See section 21(3) of that Act which states that for the purposes of applying Part 6 of the principal Act during the period beginning on 1 August 2001 and ending with the close of 31 January 2002, all terms used in that Part have the meanings given to them in sections 2 to 2D of the principal Act (as substituted by section 8 ) as if section 8 were in force during that period. See Part 9 of this Act as to the transitional and saving provisions. The heading to section 21B 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 ” . Subsection (1) 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 ” wherever they appear. 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 ” . Subsections (2) and (3) 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.