New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 28

Protection of personal representatives who distribute as if will had not been rectified

28 Protection of personal representatives who distribute as if will had not been rectified

(cf WPA 29A)

(1) This section applies if:
(a) a will is rectified under section 27, and
(b) a personal representative made a distribution to a beneficiary as if the will had not been rectified.
(2) A personal representative is not liable if:
(a) the distribution was made under section 92A (Personal representatives may make maintenance distributions within 30 days) of the Probate and Administration Act 1898 , or
(b) the distribution was made at least 6 months after the date of the death of the testator and at the time of making the distribution the personal representative was not aware of an application in respect of the estate having been made under section 27 or under Chapter 3,
and the personal representative has complied with the requirements of section 92 (Distribution of assets after notice given by executor or administrator) of the Probate and Administration Act 1898 .



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