Document ID: chunk:federal_register_of_legislation:C2025C00167:section:249:p2
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 249 (pt 2/6)
Character Range: 755104–757701

Part, or against any property of such an estate that is not part of the divisible property of the estate, in respect of any liability of the estate under a maintenance agreement or maintenance order (whether entered into or made, as the case may be, before or after the commencement of this subsection).
 (5) Nothing in this section affects the right of a secured creditor to realize or otherwise deal with his or her security.
 (6) For the purposes of this section, where the administration of the estate of a deceased person under this Part is, by virtue of section 247A, to be deemed to have commenced before the death of the deceased person, the divisible property of the estate comprises:
 (a) property that formed part of the estate upon the death of the deceased person other than:
 (i) property that, if the deceased person had not died and a sequestration order had been made against him or her immediately before his or her death, would not have been divisible amongst his or her creditors under Part VI; or
 (ii) so much of:
 (A) the proceeds of a policy of life assurance or endowment assurance; or
 (B) a payment from a regulated superannuation fund (within the meaning of the Superannuation Industry (Supervision) Act 1993) or an approved deposit fund (within the meaning of that Act); or
 (BAA) a payment from an exempt public sector superannuation scheme (within the meaning of that Act); or
 (BA) a payment from an RSA;
  as would not have been divisible among the creditors of the deceased person under Part VI if:
 (C) the deceased person had not died; and
 (D) a sequestration order had been made against the deceased person immediately before his or her death; and
 (E) the amount concerned had been paid immediately before his or her death;
 (b) property that was or is acquired by, or devolved or devolves on, the estate after the death of the deceased person and before an order releasing the estate from administration under this Part is made, not being property that, if the deceased person had not died and a sequestration order had been made against him or her immediately before his or her death, would not have been divisible amongst his or her creditors under Part VI;
 (c) the capacity to exercise, and to take proceedings for exercising, all such powers in, over or in respect of property as might have been exercised by the legal personal representative of the deceased person for the benefit of the estate at any time before an order releasing the estate from administration under this Part is made;
 (d) property that forms part of the divisible property of the