New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 55

55 Interpretation

(1) For the purposes of this Chapter,
"administration" is granted in respect of the estate of a deceased person if--

(a) probate of the will of the deceased person is granted in New South Wales or granted outside New South Wales but sealed in accordance with section 107 (1) of the Probate and Administration Act 1898 , or

(b) letters of administration of the estate of the deceased person are granted in New South Wales or granted outside New South Wales but sealed in accordance with section 107 (1) of the Probate and Administration Act 1898 , whether the letters were granted with or without a will annexed and whether for general, special or limited purposes, or

(c) an order is made under section 24 or 25 of the NSW Trustee and Guardian Act 2009 in respect of the estate of the deceased person, or

(d) an election is made by the NSW Trustee and Guardian under Division 1 of Part 3.2 of the NSW Trustee and Guardian Act 2009 in respect of the estate of the deceased person, or

(e) an election is made by a trustee company under section 15A or 15AA of the Trustee Companies Act 1964 in respect of the estate of the deceased person.

(2) For the purposes of this Chapter, the
"legal representative" of the estate is the person to whom administration is granted.

(3) A reference in this Chapter to a
"person entitled to exercise a power" means a person entitled to exercise a power, whether or not the power--

(a) is absolute or conditional, or

(b) arises under a trust or in some other manner, or

(c) is to be exercised solely by the person or by the person together with one or more other persons (whether jointly or severally).

(4) A reference in this Chapter to
"property held by a person" includes property in relation to which the person is entitled to exercise a power of appointment or disposition in favour of himself or herself.