New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

SUCCESSION ACT 2006 - SECT 68

Payment for exoneration from liability for orders

68 Payment for exoneration from liability for orders

(1) The Court may, as part of a family provision order, or at any time, on the application of a beneficiary of the estate of a deceased person, by order:
(a) fix a periodic payment or lump sum payable by a beneficiary of an estate affected by a family provision order to represent the proportion of the property in the estate affected by the family provision order that is borne by the beneficiary's portion of the estate, and
(b) exonerate the beneficiary's portion of the estate from any further liability under the family provision order, on condition that payment is made as directed by the Court.
(2) Without limiting subsection (1), in making any order under this section, the Court may do any of the following:
(a) specify the person to whom the payment or lump sum is to be paid,
(b) specify how any periodic payment is to be secured,
(c) specify how any lump sum is to be invested for the benefit of any proposed beneficiary.
Note : Section 92 enables the Court to replace property in the estate or notional estate of a deceased person that has been, or is proposed to be, affected by a family provision order with property offered in substitution for the affected property.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback