New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 82

Notional estate order may be made where property of deceased transferee's estate held by legal representative or distributed

82 Notional estate order may be made where property of deceased transferee's estate held by legal representative or distributed

(1) The Court may, on application by an applicant for a family provision order or on its own motion, make a notional estate order designating property specified in the order as notional estate of a deceased person if the Court is satisfied that:
(a) immediately before the date of the death of a person (
"the deceased transferee" ), it had power, under this or any other section of this Chapter, to make a notional estate order designating property held by, or on trust for, the deceased transferee as notional estate of the deceased person, and
(b) the power did not arise because property became held by the deceased transferee as trustee only, and
(c) in the case of property referred to in subsection (2) (b), there are special circumstances that warrant the making of the order.
(2) The following property may be designated as notional estate by a notional estate order under this section, whether or not it was the property the subject of the relevant property transaction or distribution from which the Court's power to make such an order arose:
(a) if administration has been granted in respect of the estate of the deceased transferee--property that is held by the legal representative of the estate of the deceased transferee in his or her capacity as legal representative of the estate of the deceased transferee,
(b) if all or part of the estate of the deceased transferee has been distributed--property that is held by, or on trust for:
(i) a person by whom property became held (whether or not as trustee) as the result of the distribution of the deceased transferee's estate, or
(ii) the object of a trust for which property became held on trust as the result of the distribution of the deceased transferee's estate.
(3) A notional estate order may be made under this section instead of or in addition to an order under section 79, 80 or 81.
Note : Administration of the estate of a deceased transferee may be granted for the purposes of being able to designate property as notional estate under this section (see section 91).



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