77B Restrictions on succession on intestacy by certain de facto partners

(1)

This section applies to a surviving de facto partner if his or her de facto relationship with the intestate is a relationship of short duration as defined in section 2 of the Property (Relationships) Act 1976.

(2)

If this section applies to a surviving de facto partner, the partner is not entitled under section 77 to receive, or have held on trust for his or her benefit, any real or personal estate to which section 77 applies, and section 77 applies as if the partner were not a person left by the intestate, unless—

(a)

the court is satisfied—

(i)

that there is a child of the de facto relationship; or

(ii)

that the partner has made a substantial contribution to the de facto relationship; and

(b)

the court is satisfied that not being entitled to succeed on the intestacy would result in serious injustice to the partner.

(3)

In subsection (2), child of the de facto relationship and contribution have the same meanings as they have in section 2 of the Property (Relationships) Act 1976.

Section 77B: inserted, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 8 of the Administration Amendment Act 2001 (2001 No 6).