Section 75 — Succession Act 2006 (NSW)

(cf FPA 22 (1), (3) and (7))
(1) A person enters into a relevant property transaction if the person does, directly or indirectly, or does not do, any act that (immediately or at some later time) results in property being—
(a) held by another person (whether or not as trustee), or
(b) subject to a trust,
and full valuable consideration is not given to the person for doing or not doing the act.
(2) The fact that a person has entered into a relevant property transaction affecting property does not prevent the person from being taken to have entered into another relevant property transaction if the person subsequently does, or does not do, an act affecting the same property the subject of the first transaction.
(3) The making of a will by a person, or the omission of a person to make a will, does not constitute an act or omission for the purposes of subsection (1), except in so far as it constitutes a failure to exercise a power of appointment or disposition in relation to property that is not in the person’s estate.

Related sections

• s 72 — Effect of family provision order
• s 73 — Application
• s 74 — Definition
• s 76 — Examples of relevant property transactions
• s 77 — When relevant property transactions take effect
• s 78 — Notional estate order may be made only if family provision order or certain costs orders to be made

Research how courts apply s 75

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