NSWIn ForceAct
Succession Act 2006
137State has discretion to make provision out of property to which it becomes entitled
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#### 137 State has discretion to make provision out of property to which it becomes entitled
137 State has discretion to make provision out of property to which it becomes entitled
> > (1) If the State is entitled to an intestate estate under this Part, the Minister may, on application in accordance with subsection (3) for a waiver of the State’s rights, waive the State’s rights in whole or part in favour of—
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> > > (a) dependants of the intestate, or
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> > > (b) any persons who have, in the Minister’s opinion, a just or moral claim on the intestate, or
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> > > (c) any organisation or person for whom the intestate might reasonably be expected to have made provision, or
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> > > (d) the trustees for any person or organisation mentioned in paragraph (a), (b) or (c).
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> > (2) The Minister may grant a waiver under this section on conditions the Minister considers appropriate.
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> > (3) Application for a waiver of the State’s rights to an intestate estate under this Part is to be made in writing to the Crown Solicitor.
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> **ch 4, Parts 4.3–4.6 (ss 127–140):** Ins 2009 No 29, Sch 1 \[4\].