Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 39B

39B Restriction on right to elect to acquire shared home

(1) This section applies if, apart from this section, an intestate’s spouse (the
"resident" ) would be entitled to make an election under section 39A to acquire the intestate’s interest in a shared home and—

(a) the shared home forms part of a building, and the deceased’s estate includes an interest in the whole of the building; or

(b) the shared home forms part of a registered or registrable interest in land and—

(i) the deceased’s estate includes an interest in the whole of that interest; and

(ii) part or all of the land is used for agricultural purposes; or

(c) the shared home forms part of a building used as a hotel, motel, boarding house or hostel at the date of the intestate’s death; or

(d) part of the shared home was used for purposes other than domestic purposes at the date of the intestate’s death.

(2) The resident may make an election under section 39A only if the court makes an order allowing the election to be made.

(3) The resident may apply to the court for the order.

(4) The application must be made—

(a) if the resident is a personal representative—within 3 months after the resident’s appointment as personal representative; or

(b) if the resident is not a personal representative—within 3 months after the resident is given the notice mentioned in section 39A (3) (b) .

(5) The court may make the order only if it is satisfied the resident’s acquisition of the intestate’s interest in the shared home is not likely to—

(a) substantially diminish the value of the assets in the deceased’s estate; or

(b) make disposal of the assets substantially more difficult.

(6) If the court makes an order allowing an election to be made, the time for making the election under section 39A is extended until 1 month after the order is made.