Section 139 — Succession Act 2006 (NSW)

For the purposes of the distribution of an intestate estate, a person will be treated as having predeceased the intestate if the person—
(a) disclaims an interest, to which he or she would otherwise be entitled, in the intestate estate, or
(b) is disqualified from taking an interest in the intestate estate for any reason.
Note. It follows that, if the person has issue, they may be entitled to take the person’s presumptive share of the intestate estate by representation.

Related sections

• s 136 — Intestate leaving no persons entitled
• s 137 — State has discretion to make provision out of property to which it becomes entitled
• s 138 — Non-deferral of the interest of a minor
• s 140 — Effect of testamentary and other gifts
• s 141 — Service of documents
• s 142 — Rules of Court

Research how courts apply s 139

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