12Deceased estates

12 Deceased estates

(1) This section applies to an individual who had an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999 (the relevant time) and who:

(a) dies after the relevant time, but before making a claim for a payment right; or

(b) dies after making a claim for a payment right, but before the claim for the payment right is determined.

(2) For an individual to whom paragraph 1 (a) applies, this scheme has effect as if his or her legal personal representative had held the eligible interest at the relevant time, and everything the individual did that affects his or her eligibility for a payment right is taken to have been done by his or her legal personal representative.

(3) For an individual to whom paragraph 1 (b) applies, for the purposes of this scheme:

(a) the individual’s legal personal representative is taken to have made the claim; and

(b) everything the individual did that affects his or her eligibility for a payment right is taken to have been done by his or her legal personal representative.