New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 95

Release of rights under Chapter

95 Release of rights under Chapter

(cf FPA 31 (1)-(6))

(1) A release by a person of the person's rights to apply for a family provision order has effect only if it has been approved by the Court and to the extent that the approval has not been revoked by the Court.
(2) Proceedings for the approval by the Court of a release of a person's rights to apply for a family provision order may be commenced before or after the date of the death of the person whose estate may be the subject of the order.
(3) The Court may approve of a release in relation to the whole or any part of the estate or notional estate of a person.
(4) In determining an application for approval of a release, the Court is to take into account all the circumstances of the case, including whether:
(a) it is or was, at the time any agreement to make the release was made, to the advantage, financially or otherwise, of the releasing party to make the release, and
(b) it is or was, at that time, prudent for the releasing party to make the release, and
(c) the provisions of any agreement to make the release are or were, at that time, fair and reasonable, and
(d) the releasing party has taken independent advice in relation to the release and, if so, has given due consideration to that advice.
(5) In this section:

"release of rights to apply for a family provision order" means a release of such rights, if any, as a person has to apply for a family provision order, and includes a reference to:
(a) an instrument executed by the person that would be effective as a release of those rights if approved by the Court under this section, and
(b) an agreement to execute such an instrument.



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