Section 120 — Succession Act 2006 (NSW)

If a spouse elects to acquire property from the intestate estate, the exercise price is to be satisfied—
(a) first from money to which the spouse is entitled from the intestate estate, and
(b) if that is insufficient, from money paid by the spouse to the estate on or before the date of transfer.

Related sections

• s 117 — Time for making election
• s 118 — How election to be made
• s 119 — Basis of the election
• s 121 — Restriction on disposal of property from intestate estate
• s 122 — Spouses’ entitlement where there are more than one spouse but no issue
• s 123 — Spouses’ entitlement where issue are also issue of one or more of the spouses

Research how courts apply s 120

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