State has discretion to make provision out of property to which it becomes entitled

Current

(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—

(a)

dependants of the intestate, or

(b)

any persons who have, in the Minister’s opinion, a just or moral claim on the intestate, or

(c)

any organisation or person for whom the intestate might reasonably be expected to have made provision, or

(d)

the trustees for any person or organisation mentioned in paragraph (a), (b) or (c).

(2)

The Minister may grant a waiver under this section on conditions the Minister considers appropriate.

(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.

This Act’s bill:Explanatory memorandum Second reading speech

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137 State has discretion to make provision out of property to which it becomes entitled