Bills

Succession Bill

Final Stages

The House of Assembly agreed to the bill with the amendments indicated by the following schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council:

No 1. Clause 51, page 24, lines 20 and 21 [clause 51(3)]—Delete subclause (3) and substitute:

(3) A person is only eligible—

(a) for appointment as the Registrar or acting Registrar if the person is a legal practitioner of at least 5 years standing; or

(b) for appointment as a deputy if the person is a legal practitioner.

No 2. Schedule 2, page 70, after line 20—After Part 4 insert:

Part 4A—Amendment of Stamp Duties Act 1923

8A—Amendment of section 71CB—Exemption from duty in respect of certain transfers between spouses etc or former spouses etc

(1) Section 71CB—after subsection (2) insert:

(2a) An instrument executed after the commencement of this subsection is exempt from stamp duty if the sole effect of the instrument is to transfer to the spouse or domestic partner of a deceased person an interest in a dwelling acquired by the spouse or domestic partner from the deceased's estate in consequence of an election made by the spouse or domestic partner under section 102 of the Succession Act 2022.

(2) Section 71CB(4)—after 'instrument' first occurring insert:

described in subsection (2)

(3) Section 71CB(6)—delete 'This' and substitute:

Subject to subsection (2a), this

8B—Amendment of Schedule 2—Stamp duties and exemptions

Schedule 2, Part 2, clause 16—after item 27 insert:

27A An agreement for the distribution of an intestate estate, or part of an intestate estate, approved by the Supreme Court under section 111 of the Succession Act 2022.

At 17:29 the council adjourned until Tuesday 17 October 2023 at 14:15.