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SUCCESSION ACT 2006 - NOTES

- As at 8 July 2011 - Act 80 of 2006

Note to Part 3.3

This Part applies where, as a result of certain property transactions, property is not included in the estate of a deceased person or where property has been distributed from the estate of a deceased person. This Part enables the Court in limited circumstances to make an order designating property that is not included in the estate, or has been distributed from the estate, as “notional estate” of the deceased person for the purpose of making a family provision order under Part 3.2 in respect of the estate of the deceased person (or for the purpose of ordering that costs in the proceedings be paid from the notional estate).
Property may be designated as notional estate if it is property held by, or on trust for, a person by whom property became held (whether or not as trustee), or the object of a trust for which property became held on trust:
(a) as a result of a distribution from the estate of a deceased person (see section 79), whether or not the property was the subject of the distribution, or
(b) as a result of a relevant property transaction, whether or not the property was the subject of the transaction (see section 80), or
(c) as a result of a relevant property transaction entered into by a person by whom property became held, or for whom property became held on trust, as a result of a relevant property transaction or a distribution from the estate of a deceased person (see section 81), whether or not the property was the subject of the relevant property transaction.
Property may also be designated as notional estate if it is property:
(a) held by the legal representative of the estate of a person by whom property became held as a result of a relevant property transaction or distribution referred to in paragraphs (a)-(c) above and who has since died (known as the "deceased transferee"), or
(b) held by, or on trust for, a person by whom property became held, or for the object of a trust for which property became held on trust, as a result of a distribution from the estate of a deceased transferee,
whether or not the property was the subject of the relevant property transaction or the distribution from the estate of the deceased person or the deceased transferee (see section 82).
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.

Note to Part 4.2

In the case of an Indigenous person’s estate, this Part is subject to exclusion or modification by a distribution order under Part 4.4.

Note to Part 4.3

In the case of an Indigenous person’s estate, this Part is subject to exclusion or modification by a distribution order under Part 4.4.

Reprint history:

Reprint No 1   9 March 2010  

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted

Table of amending instruments

Succession Act 2006 No 80. Second reading speech made: Legislative Assembly, 19.9.2006; Legislative Council, 18.10.2006. Assented to 27.10.2006. Date of commencement, 1.3.2008, sec 2 and GG No 16 of 15.2.2008, p 707. This Act has been amended as follows:

2007 No 82 Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007.
Date of commencement of Sch 1, assent, sec 2 (2).
2008 No 75 Succession Amendment (Family Provision) Act 2008. Assented to 28.10.2008.
Date of commencement of Sch 1, 1.3.2009, sec 2 (1) and GG No 38 of 20.2.2009, p 1036. The amendments made by Sch 1 [14] and [18] were without effect as the provisions being amended were repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2008 No 114.
No 114 Statute Law (Miscellaneous Provisions) Act (No 2) 2008. Assented to 10.12.2008.
Date of commencement of Sch 4, assent, sec 2 (1).
2009 No 29 Succession Amendment (Intestacy) Act 2009. Assented to 9.6.2009.
Date of commencement, 1.3.2010, sec 2 and 2010 (55) LW 26.2.2010.
No 49 NSW Trustee and Guardian Act 2009. Assented to 26.6.2009.
Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009.
2010 No 19 Relationships Register Act 2010. Assented to 19.5.2010.
Date of commencement of Sch 3, assent, sec 2 (2).
No 102 Surrogacy Act 2010. Assented to 16.11.2010.
Date of commencement, 1.3.2011, sec 2 and 2011 (49) LW 11.2.2011.
2011 No 27 Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011.
Date of commencement of Sch 2.54, 8.7.2011, sec 2 (2).

Table of amendments

Long title Am 2008 No 75, Sch 1 [1]; 2009 No 29, Sch 1 [1].
Sec 3 Am 2008 No 75, Sch 1 [2]-[5]; 2009 No 29, Sch 1 [2] [3]; 2010 No 19, Sch 3.105 [1].
Sec 6 Am 2007 No 82, Sch 1.23 [1].
Sec 11 Am 2007 No 82, Sch 1.23 [2].
Sec 12 Am 2009 No 49, Sch 2.57 [1].
Sec 13 Am 2008 No 75, Sch 1 [6].
Sec 14 Am 2007 No 82, Sch 1.23 [3].
Sec 16 Am 2007 No 82, Sch 1.23 [4] [5].
Sec 19 Am 2008 No 75, Sch 1 [7].
Sec 21 Am 2007 No 82, Sch 1.23 [6].
Sec 27 Am 2008 No 75, Sch 1 [8].
Sec 28 Am 2008 No 75, Sch 1 [9].
Sec 31 Am 2007 No 82, Sch 1.23 [7].
Sec 35 Am 2007 No 82, Sch 1.23 [8].
Sec 41 Am 2007 No 82, Sch 1.23 [9]-[13].
Sec 54 Am 2007 No 82, Sch 1.23 [14]; 2009 No 49, Sch 2.57 [2]; 2010 No 19, Sch 3.105 [2].
Chapter 3 Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.1 Ins 2008 No 75, Sch 1 [10].
Sec 55 Ins 2008 No 75, Sch 1 [10]. Am 2009 No 49, Sch 2.57 [3]-[5].
Sec 56 Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.2 Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.2, Div 1 Ins 2008 No 75, Sch 1 [10].
Sec 57 Ins 2008 No 75, Sch 1 [10]. Am 2010 No 19, Sch 3.105 [3]-[5].
Sec 58 Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.2, Divs 2-4 (secs 59-73) Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.3, Divs 1-3 (secs 74-90) Ins 2008 No 75, Sch 1 [10].
Chapter 3, Part 3.4 Ins 2008 No 75, Sch 1 [10].
Secs 91, 92 Ins 2008 No 75, Sch 1 [10].
Sec 93 Ins 2008 No 75, Sch 1 [10]. Am 2011 No 27, Sch 2.54.
Secs 94-100 Ins 2008 No 75, Sch 1 [10].
Chapter 4, Part 4.1 Ins 2009 No 29, Sch 1 [4].
Secs 101-104 Ins 2009 No 29, Sch 1 [4].
Sec 105 (previously sec 59) Rep 2008 No 114, Sch 4. See also renumbering by 2008 No 75, Sch 1 [10]. Ins 2009 No 29, Sch 1 [4]. Am 2010 No 19, Sch 3.105 [6].
Secs 106-109 Ins 2009 No 29, Sch 1 [4].
Sec 109A Ins 2010 No 102, Sch 2.8.
Chapter 4, Parts 4.2-4.6 (secs 110-140) Ins 2009 No 29, Sch 1 [4].
Chapter 5 (previously Chapter 4 (previously Chapter 3)) Renumbered 2008 No 75, Sch 1 [10]; 2009 No 29, Sch 1 [4].
Sec 141 (previously sec 101 (previously sec 55)) Renumbered 2008 No 75, Sch 1 [10]; 2009 No 29, Sch 1 [4].
Sec 142 (previously sec 102 (previously sec 56)) Renumbered 2008 No 75, Sch 1 [10]. Am 2008 No 75, Sch 1 [11]-[13]. Renumbered 2009 No 29, Sch 1 [4]. Am 2009 No 29, Sch 1 [5].
Secs 143, 144 (previously secs 103, 104 (previously secs 57, 58)) Renumbered 2008 No 75, Sch 1 [10]; 2009 No 29, Sch 1 [4].
Sec 145 (previously sec 106 (previously sec 60)) Renumbered 2008 No 75, Sch 1 [10]; 2009 No 29, Sch 1 [4].
Sch 1 Am 2007 No 82, Sch 1.23 [15]-[17]; 2008 No 75, Sch 1 [15]-[17]; 2009 No 29, Sch 1 [6]-[10].
Sch 2 Am 2007 No 82, Sch 1.23 [18]-[21]. Rep 2008 No 114, Sch 4.
Sch 3 Am 2007 No 82, Sch 1.23 [22] [23]. Rep 2008 No 114, Sch 4.


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