Application to court to confirm or vary operation of s 60A
60C Application to court to confirm or vary operation of s 60A
An application may be made to the court for—
an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 60A; or
an order to ensure a beneficiary under the adult’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 60A.
An application may be made by—
a beneficiary under the adult’s will; or
the personal representative of a deceased beneficiary under the adult’s will; or
the personal representative of the adult.
An order made under subsection (1)(b)—
has effect as if it had been made as a codicil to the adult’s will executed immediately before the adult’s death; and
applies despite any contrary operation of section 60A.
An application under this section must be made to the court within 6 months after the adult’s death.
The court may extend the application time.
The Succession Act 1981, section 44(1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application.
This Act’s bill:Explanatory memorandum
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