Just by way of background, these provisions under subclause 2 in the bill deal with the fact that the act deals with what happens to property in the case of one spouse dying. There are provisions in the act that deal with division of property on separation but also on division, when dealing with property if one spouse dies. There are choices available to a spouse. You can take under the will if there is a will. You can take under the Intestate Succession Act in the absence of a will or if there is a partial intestacy where there is a will, which deals with some property but not all of it, then the surviving spouse has an election to take a combination of the will. Same-sex spouses do not have any rights under the Intestate Succession Act, so what this provision is doing is ensuring a same-sex spouse, who has elected to take under the will, is included in that subsection.
Ms. Austin on Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
In the Legislative Assembly on June 17th, 2002. See this statement in context.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
June 17th, 2002
Page 831
Austin
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