Section 78 — Succession Act 2006 (NSW)

(1) The Court may make an order designating property as notional estate only—
(a) for the purposes of a family provision order to be made under Part 3.2, or
(b) for the purposes of an order that the whole or part of the costs of proceedings in relation to the estate or notional estate of a deceased person be paid from the notional estate of the deceased person.
(2) The Court must not make an order under subsection (1) (b) for the purposes of an order that the whole or part of an applicant’s costs be paid from the notional estate of the deceased person unless the Court makes or has made a family provision order in favour of the applicant.

Related sections

• s 75 — Transactions that are relevant property transactions
• s 76 — Examples of relevant property transactions
• s 77 — When relevant property transactions take effect
• s 79 — Notional estate order may be made where property of estate distributed
• s 80 — Notional estate order may be made where estate affected by relevant property transaction
• s 81 — Notional estate order may be made where estate affected by subsequent relevant property transaction

Research how courts apply s 78

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