Section 72 — Succession Act 2006 (NSW)

(cf FPA 14 (1))
(1) A family provision order takes effect, unless the Court otherwise orders, as if the provision was made—
(a) in a codicil to the will of the deceased person, if the deceased person made a will, or
(b) in a will of the deceased person, if the deceased person died intestate.
(2) Without limiting subsection (1), the Court may at the time of distribution of an estate that is insufficient to give effect to a family provision order make such orders concerning the abatement or adjustment of distributions from the estate as between the person in whose favour the family provision order is made and the other beneficiaries of the estate as it considers to be just and equitable among the persons affected.

Related sections

• s 69 — Effect of order vesting property in estate
• s 70 — Variation and revocation of family provision orders
• s 71 — Variation and revocation of other orders
• s 73 — Application
• s 74 — Definition
• s 75 — Transactions that are relevant property transactions

Research how courts apply s 72

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