Victorian Consolidated Legislation

Administration and Probate Act 1958 - SECT 51A

Distribution if more than one partner

51A. Distribution if more than one partner



(1) If an intestate leaves both a spouse or registered domestic partner and an
unregistered domestic partner, the entitlement to the partner's share of the
intestate's residuary estate is to be determined in accordance with the
following table.

TABLE Period that unregistered domestic partner has lived as domestic partner
of intestate continuously before intestate's death Spouse or registered
domestic partner's entitlement to partner's share

Unregistered domestic partner's entitlement to partner's share less than 4
years two-thirds one-third 4 years or more but less than 5 years half half 5
years or more but less than 6 years one-third two-thirds 6 years or more none
all Note There is a minimum requirement that the unregistered domestic partner
lived with the intestate continuously for at least 2 years immediately before
the intestate's death, unless the domestic partner is the parent of a child of
the intestate who was under 18 at the time of the intestate's death-see
definition of unregistered domestic partner in section 3(1).

(2) In this section-

partner's share of an intestate's residuary estate means the share of the
estate to which the partner of the intestate is entitled under this Division.