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SUCCESSION ACT 2006 - SECT 68
Payment for exoneration from liability for orders
68 Payment for exoneration from liability for orders
(1) The Court may, as part of a family provision order, or at any time, on the
application of a beneficiary of the estate of a deceased person, by order--
(a) fix a periodic payment or lump sum payable by a beneficiary of an estate
affected by a family provision order to represent the proportion of the
property in the estate affected by the family provision order that is borne by
the beneficiary's portion of the estate, and
(b) exonerate the beneficiary's
portion of the estate from any further liability under the
family provision order, on condition that payment is made as directed by the
Court.
(2) Without limiting subsection (1), in making any order under this
section, the Court may do any of the following-- (a) specify the person to
whom the payment or lump sum is to be paid,
(b) specify how any periodic
payment is to be secured,
(c) specify how any lump sum is to be invested for
the benefit of any proposed beneficiary.
Note : Section 92 enables the Court
to replace property in the estate or notional estate of a deceased person that
has been, or is proposed to be, affected by a family provision order with
property offered in substitution for the affected property.
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