New South Wales Consolidated Acts
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SUCCESSION ACT 2006 - SECT 3
(1) In this Act:
"administration" of the estate of a deceased person is defined in section 55.
"administrator" has the same meaning as it has in the
Probate and Administration Act 1898 .
"close personal relationship" is defined in subsection (3).
"costs" , in relation to proceedings under this Act, means costs payable in or
in relation to the proceedings, and includes fees, disbursements, expenses and
(a) the Supreme Court, in relation to any matter (including a
matter referred to in paragraph (b)), or
(b) the District Court, in relation
to a matter under Chapter 3 for which it has jurisdiction under section 134 of
the District Court Act 1973 .
"deceased person" includes any person in respect of whose estate
administration has been granted.
"deceased transferee" means a deceased transferee referred to in section 81 or
"disposition" includes the following:
(a) any gift, devise or bequest of
property under a will,
(b) the creation by will of a power of appointment
(c) the exercise by will of a power of appointment
(a) except as provided by paragraph (b)-has the same meaning that
it is given by section 21 of the Interpretation Act 1987 , and
(b) in Chapter
2 (other than section 8)-means any paper or material on which there is
"domestic relationship" has the same meaning as it has in the
Property (Relationships) Act 1984 .
"eligible person" means a person who may make an application for a
family provision order under section 57.
"family provision order" means an order made by the Court under Chapter 3 in
relation to the estate or notional estate of a deceased person to provide from
that estate for the maintenance, education or advancement in life of an
"intestate" is defined in section 102.
"legal representative" of an estate is defined in section 55 (2).
"notional estate" of a deceased person means property designated by a
notional estate order as notional estate of the deceased person.
"notional estate order" means an order made by the Court under Chapter 3
designating property specified in the order as notional estate of a
"personal representative" means the executor or administrator of the estate of
a deceased person.
"property" includes any valuable benefit.
"Registrar" means a person who is:
(a) appointed in accordance with section
120 of the Supreme Court Act 1970 , and
(b) nominated by the Principal
Registrar of the Court for the purposes of this Act.
"will" includes a codicil and any other testamentary disposition.
Note : The
Interpretation Act 1987 contains definitions of some terms and expressions
used in this Act. See, for example, the definitions of
"property" in section 21 of that Act.
Note : The Interpretation Act 1987
contains definitions and other provisions that affect the interpretation and
application of this Act.
(2) A reference in this Act to a child or issue of
any person includes a child or issue who is born after the person’s death
after a period of gestation in the uterus that commenced before the person’s
death and survives the person for at least 30 days after birth.
(3) For the
purposes of this Act, a
"close personal relationship" is a close personal relationship (other than a
marriage or a de facto relationship) between two adult persons, whether or not
related by family, who are living together, one or each of whom provides the
other with domestic support and personal care.
(4) For the purposes of
subsection (3), a close personal relationship is taken not to exist between
two persons where one of them provides the other with domestic support and
(a) for fee and reward, or
(b) on behalf of another person or
an organisation (including a government or government agency, a body corporate
or a charitable or benevolent organisation).
(5) Notes included in this Act
do not form part of this Act.
Note : References in headings to sections of
this Act to “WPA” are references to the Wills, Probate and Administration
Act 1898 as in force before it was amended by this Act. References in headings
to sections of this Act to “FPA” are references to the Family Provision
Act 1982 as in force immediately before it was repealed by the Succession
Amendment (Family Provision) Act 2008 .
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