Section 65 — Property (Relationships) Act 1976: How choice to be made

65 How choice to be made (1) A surviving spouse or partner who wishes to choose option A or option B must complete and sign a written notice indicating that choice. (2) The notice— (a) must be in the prescribed form; and (b) must include or be accompanied by a certificate— (i) signed by a lawyer; and (ii) certifying that the lawyer has explained to the surviving spouse or partner the effect and implications of the notice; and (c) must be lodged— (i) with the administrator of the estate of the deceased spouse or partner; or (ii) if administration of that estate has not been granted in New Zealand, in the registry of the High Court in which an application for a grant of administration of that estate would, under the High Court Rules, be required to be filed. (3) A notice given under subsection (2) by a minor has effect as if the minor were of full age. (4) A choice of option is effective when a notice indicating the choice is lodged in accordance with subsection (2)(c) . Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsections (1) and (2) 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.