Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 5AA

5AA Who is a person’s spouse

(1) Generally, a person’s
"spouse" is the person’s—

(a) husband or wife; or

(b) de facto partner, as defined in the Acts Interpretation Act 1954 (the
"AIA" ), section 32DA ; or

(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

(b) a person who—

(i) was in a civil partnership with the deceased that was terminated under the Civil Partnerships Act 2011 , section 19 ; and

(ii) had not married or entered into another civil partnership before the deceased’s death; and

(iii) was on the deceased’s death receiving, or entitled to receive, maintenance from the deceased.