NSWIn ForceAct
Succession Act 2006
68Payment for exoneration from liability for orders
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#### 68 Payment for exoneration from liability for orders
68 Payment for exoneration from liability for orders
> > (1) The Court may, as part of a family provision order, or at any time, on the application of a beneficiary of the estate of a deceased person, by order—
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> > > (a) fix a periodic payment or lump sum payable by a beneficiary of an estate affected by a family provision order to represent the proportion of the property in the estate affected by the family provision order that is borne by the beneficiary’s portion of the estate, and
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> > > (b) exonerate the beneficiary’s portion of the estate from any further liability under the family provision order, on condition that payment is made as directed by the Court.
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> > (2) Without limiting subsection (1), in making any order under this section, the Court may do any of the following—
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> > > (a) specify the person to whom the payment or lump sum is to be paid,
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> > > (b) specify how any periodic payment is to be secured,
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> > > (c) specify how any lump sum is to be invested for the benefit of any proposed beneficiary.
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> Note—
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> 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.
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> **ch 3, pt 3.2, div 4 (ss 65–73):** Ins 2008 No 75, Sch 1 \[10\].