Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Partner to be given right to elect notice

    (1)     Subject to subsection (3), within 30 days of the grant of administration of an intestate's estate, the personal representative must give the partner of the intestate to whom this Division applies a written notice informing the partner of the partner's right to make a partner's property election.

    (2)     A right to elect notice must state the following—

        (a)     how the partner's property election is to be made;

        (b)     the fact that the partner's property election may be subject to the Court's authorisation by acquisition authorisation order and the circumstances in which an acquisition authorisation order is required;

        (c)     that, unless the partner is the intestate's personal representative, the right to make the partner's property election must be exercised within—

              (i)     3 months of the date of the right to elect notice; or

              (ii)     any longer period allowed by the Court after the date of the right to elect notice.


See section 70R for times within which election is to be made.

    (3)     A right to elect notice is not required if the partner is the personal representative of the intestate.

S. 70R inserted by No. 41/2017 s. 11.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback