New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 29

29 Accrual--deceased in possession

Where--

(a) the estate or interest claimed in an action on a cause of action to recover land is an estate or interest--

(i) assured as an estate or interest in possession by the will of a deceased person, or

(ii) passing on intestacy,

to the plaintiff or to a person through whom the plaintiff claims,

(b) the deceased is, at the date of his or her death, in possession by virtue of the estate or interest claimed or by virtue of an estate or interest out of which the assurance is made, and

(c) no person is, after the date of the death of the deceased and before the date on which the action is brought, in possession--

(i) by virtue of the estate or interest claimed and under the assurance or intestacy, or

(ii) as personal representative of the deceased,