Section 134 — Succession Act 2006 (NSW)

(1) The Court may, on an application under this Part, order that the intestate estate, or part of the intestate estate, be distributed in accordance with the terms of the order.
(2) An order under this Part may require a person to whom property was distributed before the date of the application to return the property to the personal representative for distribution in accordance with the terms of the order (but no distribution that has been, or is to be, used for the maintenance, education or advancement in life of a person who was totally or partially dependent on the intestate immediately before the intestate’s death can be disturbed).
(3) In formulating an order under this Part, the Court must have regard to—
(a) the scheme for distribution submitted by the applicant, and
(b) the laws, customs, traditions and practices of the Indigenous community or group to which the intestate belonged.
(4) The Court may not, however, make an order under this Part unless satisfied that the terms of the order are, in all the circumstances, just and equitable.

Related sections

• s 131 — Aunts and uncles
• s 132 — Entitlement to take in separate capacities
• s 133 — Application for distribution order
• s 135 — Effect of distribution order under this Part
• s 136 — Intestate leaving no persons entitled
• s 137 — State has discretion to make provision out of property to which it becomes entitled

Research how courts apply s 134

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