(b) if the partner is not a personal S. 37A(5)(b) representative—to the personal amended by No. 27/2001 representative who sent the partner the notice s. 3(Sch. 1 requiring the election. item 1.6(c)). (6) If an intestate is also survived by a child or other S. 37A(6) amended by issue— Nos 91/1994 s. 36(1), (a) any notice under subsection (4); and 27/2001 s. 3(Sch. 1 (b) any election under subsection (5)(a)— item 1.6(d)). must show the sworn value of the intestate's interest in the shared home at the time of the intestate's death as fixed by a valuer. (7) If the partner elects to acquire the intestate's S. 37A(7) amended by interest in the shared home— No. 27/2001 s. 3(Sch. 1 (a) his or her share of the residuary estate is to item 1.6(e) (i)(ii)). be reduced by the value of the interest; and (b) if the value of the interest is more than the S. 37A(7)(b) amended by amount of his or her share of the residuary No. 27/2001 estate, the partner must pay the difference s. 3(Sch. 1 item 1.6(e)(i)). into the intestate's estate— (i) before the distribution of the residuary estate; or (ii) within 12 months of the making of the election— whichever occurs first. (8) If the partner elects to acquire the intestate's S. 37A(8) amended by interest in the shared home, the personal No. 27/2001 representative— s. 3(Sch. 1 item 1.6(e) (i)(ii)). (a) must transfer the interest to the partner S. 37A(8)(a) amended by within a reasonable time— No. 27/2001 s. 3(Sch. 1 (i) of receiving notice of the election; or item 1.6(e)(i)).
S. 37A(5)(b) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(c)). (b) if the partner is not a personal representative—to the personal representative who sent the partner the notice requiring the election. S. 37A(6) amended by Nos 91/1994 s. 36(1), 27/2001 s. 3(Sch. 1 item 1.6(d)). (6) If an intestate is also survived by a child or other issue— (a) any notice under subsection (4); and (b) any election under subsection (5)(a)— must show the sworn value of the intestate's interest in the shared home at the time of the intestate's death as fixed by a valuer. S. 37A(7) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e) (i)(ii)). (7) If the partner elects to acquire the intestate's interest in the shared home— (a) his or her share of the residuary estate is to be reduced by the value of the interest; and S. 37A(7)(b) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e)(i)). (b) if the value of the interest is more than the amount of his or her share of the residuary estate, the partner must pay the difference into the intestate's estate— (i) before the distribution of the residuary estate; or (ii) within 12 months of the making of the election— whichever occurs first. S. 37A(8) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e) (i)(ii)). (8) If the partner elects to acquire the intestate's interest in the shared home, the personal representative— S. 37A(8)(a) amended by No. 27/2001 s. 3(Sch. 1 item 1.6(e)(i)). (a) must transfer the interest to the partner within a reasonable time— (i) of receiving notice of the election; or
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