Section 78 — Property (Relationships) Act 1976: Priority of entitlement of surviving spouse or partner

78 Priority of entitlement of surviving spouse or partner (1) The entitlement of a surviving spouse or partner to any property or payment under an order or agreement made under this Act has priority over— (a) any beneficial interest to which any person is entitled under the will (if any) of the deceased spouse or partner; and (b) any beneficial interest to which any person is entitled on the intestacy or partial intestacy of the deceased spouse or partner; and (c) any order made in respect of the estate of the deceased spouse or partner under the Family Protection Act 1955 or the Law Reform (Testamentary Promises) Act 1949 ; and (d) all duties and fees payable in respect of the estate of the deceased spouse or partner under any Act imposing or charging duties or fees on the estate of the deceased person. (2) Despite subsection (1) , the following have priority over the entitlement of a surviving spouse or partner under this Act to any property or payment: (a) all debts properly incurred by the personal representative of the deceased spouse or partner in the ordinary course of administration of the estate of the deceased spouse or partner: (b) the reasonable funeral expenses of the deceased spouse or partner. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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. The heading to section 78 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 78 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.