New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 121

Restriction on disposal of property from intestate estate

121 Restriction on disposal of property from intestate estate

(1) The personal representative of an intestate must not dispose of property from the intestate estate (except to a spouse who has elected to acquire it) unless--
(a) the personal representative is the spouse entitled to make the election, or
(b) the time for exercising the election has elapsed and no election has been made, or
(c) the election requires the Court's authorisation but--
(i) the necessary authorisation has been refused, or
(ii) the application for authorisation has been withdrawn, or
(d) the spouse has notified the personal representative, in writing, that he or she does not propose to exercise the right to acquire property from the estate, or
(e) sale of the property is required to meet funeral and administration expenses, debts and other liabilities of the estate, or
(f) the property is perishable or likely to decrease rapidly in value.
(2) A transaction entered into contrary to this section is not invalid.



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