Document ID: chunk:federal_register_of_legislation:C2025C00167:section:249:p4
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 249 (pt 4/6)
Character Range: 759772–762367

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 estate by virtue of section 251 and any amount for which a person is liable to account to the trustee of the estate under subsection 251(2); and
 (e) if, immediately before the death of the deceased person, any property was owned by the deceased person and another person or other persons as joint tenants—an amount equal to the value of the improvements (if any) made to that property wholly or principally by or at the expense of the deceased person after, or not earlier than 2 years before, the commencement of administration of his or her estate under this Part.
 (8) 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 after the death of the deceased person, the divisible property of the estate comprises:
 (a) property that formed part of the estate