Section 126 — Succession Act 2006 (NSW)

(1) An intestate’s spouse or personal representative may apply to the Court for a distribution order.
(2) If, however, the personal representative has given written notice under section 125 (3), the application cannot (unless the Court otherwise allows) be made more than 3 months after the date of the notice.
(3) On an application under this section, the Court may order that the property be distributed between the spouses in any way it considers just and equitable.
(4) If the Court considers it just and equitable to do so, it may allocate the whole of the property to one of the spouses to the exclusion of the other or others.
(5) A distribution order may include conditions.

Related sections

• s 123 — Spouses’ entitlement where issue are also issue of one or more of the spouses
• s 124 — Spouses’ entitlement where any issue are not issue of a surviving spouse
• s 125 — Sharing between spouses
• s 127 — Entitlement of children
• s 128 — Parents
• s 129 — Brothers and sisters

Research how courts apply s 126

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