New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 92

Substitution of property affected by orders or proposed orders

92 Substitution of property affected by orders or proposed orders

(cf FPA 30)

(1) If the Court has made, or proposes to make, a family provision order affecting certain property in the estate of a deceased person or a deceased transferee, the Court may, on application by a person who offers other property in substitution (
"the replacement property" ):
(a) vary the family provision order by substituting the replacement property for the property affected by the order, or
(b) make a family provision order in respect of the replacement property instead of the property proposed to be affected by such an order,
as appropriate.
(2) If the Court has made, or proposes to make, a notional estate order designating certain property as notional estate, the Court may, on application by a person who offers other property in substitution (
"the replacement property" ):
(a) vary the notional estate order by substituting the replacement property for the property designated as notional estate by the order, or
(b) make a notional estate order designating the replacement property as notional estate instead of the property proposed to be designated as notional estate by such an order,
as appropriate.
(3) The Court may vary or make an order under this section only if it is satisfied that the replacement property can properly be substituted for the property affected or proposed to be affected by the family provision order, or the property designated or proposed to be designated as notional estate, as appropriate.
(4) An order varied or made under this section is taken to be an order in respect of property of the estate or notional estate of the deceased person for the purposes of this Chapter (except section 72 (Effect of family provision order)).



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