Section 79 — Succession Act 2006 (NSW)

(cf FPA 24)
The Court may, on application by an applicant for a family provision order or on its own motion, make a notional estate order designating property specified in the order as notional estate of a deceased person if the Court is satisfied that on, or as a result of, a distribution of the deceased person’s estate, property (whether or not the subject of the distribution) became held by a person (whether or not as trustee) or subject to a trust.

Related sections

• s 76 — Examples of relevant property transactions
• s 77 — When relevant property transactions take effect
• s 78 — Notional estate order may be made only if family provision order or certain costs orders to be made
• 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
• s 82 — Notional estate order may be made where property of deceased transferee’s estate held by legal representative or distributed

Research how courts apply s 79

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