New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 93

Protection of legal representative who distributes after giving notice

93 Protection of legal representative who distributes after giving notice

(cf FPA 35 (1))

(1) The legal representative of the estate of a deceased person may distribute the property in the estate if:
(a) the property is distributed at least 6 months after the deceased person's death, and
(b) the legal representative has given notice in the form approved under section 17 of the Civil Procedure Act 2005 that the legal representative intends to distribute the property in the estate after the expiration of a specified time, and
(c) the time specified in the notice is not less than 30 days after the notice is given, and
(d) the time specified in the notice has expired, and
(e) at the time of distribution, the legal representative does not have notice of any application or intended application for a family provision order affecting the estate of the deceased person.
(2) A legal representative who distributes property of the estate of a deceased person is not liable in respect of that distribution to any person who was an applicant for a family provision order affecting the estate if the legal representative did not have notice at the time of the distribution of the application and if:
(a) the distribution was made in accordance with this section, and
(b) the distribution was properly made by the legal representative.
(3) For the purposes of this section, notice to the legal representative of an application or intention to make any application under this Chapter must be in writing signed in accordance with rules for the signing of documents by a party in proceedings under the Uniform Civil Procedure Rules 2005 .
Note : On the enactment of this subsection, rules for the signing of documents by a party in proceedings were contained in Rule 4.4 of the Uniform Civil Procedure Rules 2005 .



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