Queensland Consolidated Acts
[Search this Act]
SUCCESSION ACT 1981 - SECT 39A
Election by spouse to acquire shared home
(1) This section applies if—
(a) an intestate has an interest in a
shared home that is not effectively disposed of by a will (whether or not the
intestate leaves a will); and
(b) at the time of the intestate’s death, the
intestate’s spouse (the
"resident" ) ordinarily resided in the shared home.
(2) Subject to
section 39B , the resident may, by written notice, elect to acquire the
intestate’s interest in the shared home at transfer value.
(3) The election
must be made—
(a) if the resident is a personal representative—within 3
months after the resident’s appointment as personal representative; or
if the resident is not a personal representative—within 3 months after the
personal representative gives the resident a written notice stating that—
(i) if the resident wants to acquire the intestate’s interest in the
shared home, the resident must elect to do so in accordance with this section
within 3 months after the notice is given; and
(ii) in certain circumstances,
the resident must first obtain an order of the court under section 39B
allowing the election to be made.
(4) The election must be given—
the resident is not a personal representative—to the personal
(b) if the resident is a joint personal
representative—to each other personal representative; or
(c) if the
resident is the sole personal representative—to the registrar of the court.
(5) To enable the resident to decide whether to make an election, the resident
may ask the personal representative to obtain a valuation of the intestate’s
interest in the shared home from a registered valuer and give a copy of it to
(6) The personal representative must promptly comply with the
(7) An election may only be revoked with the personal
representative’s written consent.
AustLII: Copyright Policy