Section 101 — Succession Act 2006 (NSW)

In this Chapter—
brother or sister—a person is the brother or sister of another if they have one or both parents in common.
deceased person—a deceased person is one who did not survive the intestate.
domestic partnership—see section 105.
eligible relative means a relative of the intestate who is entitled to share in the distribution of the intestate estate under Part 4.3.
entitlement to the whole of the intestate estate—see section 103.
Indigenous person is a person who—
(a) is of Aboriginal or Torres Strait Islander descent, and
(b) identifies as an Aboriginal person or Torres Strait Islander, and
(c) is accepted as an Aboriginal person by an Aboriginal community or as a Torres Strait Islander by a Torres Strait Islander community.
intestate estate means—
(a) in the case of an intestate who leaves a will—property that is not effectively disposed of by will, and
(b) in any other case—all the property left by the intestate.
leave—a person leaves another if the person dies and is survived by the other.
personal effects of an intestate means the intestate’s tangible personal property except the following—
(a) property used exclusively for business purposes,
(b) banknotes or coins (unless forming a collection made in pursuit of a hobby or for some other non-commercial purpose),
(c) property held as a pledge or other form of security,
(d) property (such as gold bullion or uncut diamonds)—
(i) in which the intestate has invested as a hedge against inflation or adverse currency movements, and
(ii) which is not an object of household, or personal, use, decoration or adornment,
(e) an interest in land (whether freehold or leasehold).
predecease—a person is taken to predecease the intestate if the person does not survive the intestate.
presumptive share of an intestate estate of a deceased eligible relative of the intestate means the entitlement the relative would have had if he or she had survived the intestate.
spouse—see section 104.
statutory legacy for a spouse—see section 106.
survive—see section 107.

Related sections

• s 98 — Mediation, orders with consent and costs
• s 99 — Costs
• s 100 — Evidence
• s 102 — Intestate
• s 103 — Entitlement to the whole of the intestate estate
• s 104 — Spouse

Research how courts apply s 101

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.