(c) civil partner, as defined in the AIA, schedule
1 .
(2) However, a person is a
"spouse" of a deceased person only if, on the deceased’s death—
(a) the
person was the deceased’s husband or wife; or
(b) the following applied to
the person—
(i) the person was the deceased’s de facto partner, as defined
in the AIA, section 32DA ;
(ii) the person and the deceased had lived
together as a couple on a genuine domestic basis within the meaning of the
AIA, section 32DA for a continuous period of at least 2 years ending on the
deceased’s death; or
(ba) the person was the deceased’s civil partner; or
(c) for part 4 , the person was—
(i) a person mentioned in paragraph (a) ,
(b) or (ba) ; or
(ii) the deceased’s dependant former husband or wife or
civil partner.
(3) Subsection (2) applies—
(a) despite the AIA, section
32DA (6) and schedule 1 , definition "spouse" ; and
(b) whether the deceased died testate or intestate.
(4) In
this section—
"dependent former husband or wife or civil partner" , of a deceased person,
means—
(a) a person who—
(i) was divorced by or from the deceased at any
time, whether before or after the commencement of this Act; and
(ii) had not
remarried or entered into a civil partnership with another person before the
deceased’s death; and
(iii) was on the deceased’s death receiving, or
entitled to receive, maintenance from the deceased; or