The Basics: Division of property on death

When one partner dies, the survivor still has an entitlement to division of relationship property.

The surviving partner needs to either negotiate that entitlement with the Executors or Administrators of the deceased partner’s estate, or apply to the Family Court within 12 months of Probate of the deceased’s Will.

If there is a small estate able to be distributed without formal administration, the choice must be made within six months of the date of the partner’s death.

Before applying for division of property the surviving partner must first make a choice. The choice is between applying for the usual half division of all the relationship property, or instead accepting whatever the deceased partner left for the surviving partner.

The surviving partner always requires good legal advice as to the wisdom of making that choice.