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StatuteProperty (Relationships) Act 1976

Section 95 — Property (Relationships) Act 1976: Effect on application of Act of choice of will or intestacy

Text of the provision Official document

95 Effect on application of Act of choice of will or intestacy (1) If the surviving spouse or partner chooses option B, nothing in this Act (other than sections 20 to 20F or sections 58 and 59 ) applies to the distribution of property under the will of the deceased spouse or partner or under Part 3 of the Administration Act 1969 . (2) To avoid any doubt, the fact that a surviving spouse or partner chooses, or is treated as having chosen, option B does not prevent that person from disclaiming any interest as a beneficiary in any real or personal property to which he or she is entitled under the will of the deceased spouse or partner or under Part 3 of the Administration Act 1969 . Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property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. Section 95 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.

Official source: legislation.govt.nz

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