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Succession, Probate and Administration (Amendment) Act 2018

REPUBLIC OF FIJI


SUCCESSION, PROBATE AND ADMINISTRATION (AMENDMENT) ACT 2018

ACT NO. 6 OF 2018


I assent.
J. K. KONROTE President
[16 March 2018]


AN ACT

TO AMEND THE SUCCESSION, PROBATE AND ADMINISTRATION ACT 1970

ENACTED by the Parliament of the Republic of Fiji—

Short title and commencement

1.—(1) This Act may be cited as the Succession, Probate and Administration (Amendment) Act 2018.

(2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette.

(3) In this Act, the Succession, Probate and Administration Act 1970 is referred to as the "Principal Act".

Section 2 amended

2. Section 2 of the Principal Act is amended by inserting the following new definitions—

""de facto partner" means a person in a de facto relationship;"; and
""de facto relationship" means a relationship between a man and a woman who are at least 18 years of age and, although not legally married to each other, have lived with each other as spouses on a genuine domestic basis for—

Section 6 amended

3. Section 6 of the Principal Act is amended by—

(a) in subsection (1)—
(b) after subsection (1), inserting the following new subsection—

Section 6A amended

4. Section 6A of the Principal Act is amended by—

(a) in the heading, deleting "of spouse";
(b) in subsection (1), deleting "husband or wife" wherever it appears and substituting "wife or husband or de facto partner";
(c) in subsection (2)—
(d) after subsection (2), inserting the following new subsection—

5. Section 6B of the Principal Act is amended by—

(a) in subsection (1) —
(b) in subsection (2), deleting "husband or wife" and substituting "wife or husband or de facto partner";
(c) deleting subsection (3) and substituting the following—
(d) in subsection (4), deleting "husband or wife" and substituting "wife or husband or de facto partner". Section 6C amended

6. Section 6C of the Principal Act is amended by deleting "husband or wife" wherever it appears and substituting "wife or husband or de facto partner".

Section 6F amended

7. Section 6F of the Principal Act is amended by deleting "husband or wife" wherever it appears and substituting "wife or husband or de facto partner".

Section 7 amended

8. Section 7 of the Principal Act is amended by—

(a) deleting "21" and substituting "18"; and
(b) deleting "husband or wife" wherever it appears and substituting "wife or husband or de facto partner". Section 17 amended

9. Section 17(2) of the Principal Act is amended after "continue" by inserting "to be".

Section 22 amended

10. Section 22(1) of the Principal Act is amended by deleting "husband or widow" and substituting "surviving wife or husband or de facto partner".

Section 27 amended

11. Section 27(1) of the Principal Act is amended by deleting "21" and substituting "18".

Section 31 amended

12. Section 31 of the Principal Act is amended by deleting "21" and substituting "18".

Section 49 amended

13. Section 49 of the Principal Act is amended in the heading by deleting "to widow or widower or next of kin".

Passed by the Parliament of the Republic of Fiji this 15th day of March 2018.


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