New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 41

41 Liability of trustees and legal personal representatives in relation to children

(1) If, before conveying, transferring or distributing any property among the persons appearing to be entitled to the property, a trustee or legal personal representative gives a claims notice and the time fixed by the notice has expired, the trustee or legal personal representative is not liable to any person:

(a) who claims directly or indirectly an interest in the property by virtue of a parentage order, and

(b) of whose claim the trustee or legal personal representative does not have notice at the time of the conveyance, transfer or distribution.

(2) Nothing in this section prejudices the right of a person to follow property into the hands of a person, other than a bona fide purchaser for value, who has received it.

(3) In this section:

"claims notice" means notice referred to in section 60 of the Trustee Act 1925 , section 92 of the Probate and Administration Act 1898 or section 93 of the Succession Act 2006 .