Succession Act 2006 (NSW)

Succession Act 2006 No 80

An Act to restate, with reforms, the law relating to wills in New South Wales; to ensure that adequate provision is made for the members of the family of a deceased person, and certain other persons, from the estate of the deceased person; to make provision for the distribution of intestate estates; and for other purposes.

Chapter 1 Preliminary

1 Name of Act This Act is the Succession Act 2006.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— administration of the estate of a deceased person is defined in section 55. administrator has the same meaning as it has in the Probate and Administration Act 1898. close personal relationship is defined in subsection (3). costs, in relation to proceedings under this Act, means costs payable in or in relation to the proceedings, and includes fees, disbursements, expenses and remuneration. Court means— (a) the Supreme Court, in relation to any matter (including a matter referred to in paragraph (b)), or (b) the District Court, in relation to a matter under Chapter 3 for which it has jurisdiction under section 134 of the District Court Act 1973. deceased person includes any person in respect of whose estate administration has been granted. deceased transferee means a deceased transferee referred to in section 81 or 82. disposition includes the following— (a) any gift, devise or bequest of property under a will, (b) the creation by will of a power of appointment affecting property, (c) the exercise by will of a power of appointment affecting property. document— (a) except as provided by paragraph (b)—has the same meaning as it has in the Interpretation Act 1987, and (b) in Chapter 2 (other than section 8)—means any paper or material on which there is writing. domestic relationship has the same meaning as it has in the Property (Relationships) Act 1984. eligible person means a person who may make an application for a family provision order under section 57. family provision order means an order made by the Court under Chapter 3 in relation to the estate or notional estate of a deceased person to provide from that estate for the maintenance, education or advancement in life of an eligible person. intestate is defined in section 102. legal representative of an estate is defined in section 55 (2). notional estate of a deceased person means property designated by a notional estate order as notional estate of the deceased person. notional estate order means an order made by the Court under Chapter 3 designating property specified in the order as notional estate of a deceased person. personal representative means the executor or administrator of the estate of a deceased person. property includes any valuable benefit. Registrar means a person who is— (a) appointed in accordance with section 120 of the Supreme Court Act 1970, and (b) nominated by the Principal Registrar of the Court for the purposes of this Act. will includes a codicil and any other testamentary disposition.