Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 51

Distribution if intestate leaves a partner

51. Distribution if intestate leaves a partner













(1) The partner of an intestate who does not leave any child (or other issue)
is entitled to the intestate's residuary estate.



(2) The partner of an intestate who leaves a child (or other issue) is
entitled-

   (a)  to the personal chattels of the intestate; and

   (b)  if the intestate's residuary estate is worth not more than $100 000,
        to the whole of the estate; and

   (c)  if the intestate's residuary estate is worth more than $100 000, to-

   (i)  $100 000; and

   (ii) interest on that amount calculated at the rate set out in subsection
        (3) from the date of the death of the intestate to the date of payment
        of that amount; and

   (iii) one third of the balance of the estate.



(3) The rate of interest is the rate fixed from time to time under section 2
of the Penalty Interest Rates Act 1983 less 21/2%.