Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014 (NO. 80 OF 2014) - SECT 10

In section 5(1) of the Administration and Probate Act 1958 , for the definition of pecuniary legacy substitute —

""pecuniary legacy" means a gift of a sum of money in a will and includes—

        (a)     an annuity; and

Example

X's will gives $1000 to A every year for the next 10 years.

        (b)     a general legacy which is a gift by will payable out of the deceased's general estate and not attached to a specific asset or fund belonging to the deceased; and

Example

X's will gives $1000 to A.

        (c)     a demonstrative legacy which is a gift by will directed to be paid out of a specific fund or a particular part of the deceased's estate, to the extent that it cannot be paid out of the specific property on which it is charged; and

Example

X's will gives $10 000 to A from X's bank account at the Bank of Y and provides that if this bank account is inadequate to satisfy the legacy or does not exist at the time of X's death, then $10 000 may be paid to A out of X's general estate.

        (d)     any other general direction by a testator for the payment of an amount, including all duties relating to the estate or property;

Example

A general direction includes if a legacy is directed to be paid free of all duties, the payment of any duties to which the legacy is subject.".