Section 87 — Succession Act 2006 (NSW)

General matters that must be considered by Court

(cf FPA 27 (1))
The Court must not make a notional estate order unless it has considered the following—
(a) the importance of not interfering with reasonable expectations in relation to property,
(b) the substantial justice and merits involved in making or refusing to make the order,
(c) any other matter it considers relevant in the circumstances.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 84 — Effect of notional estate order
s 85 — More than one notional estate order may be made
s 86 — Power subject to Division 3
s 88 — Estate must not be sufficient for provision or order as to costs
s 89 — Determination of property to be subject to notional estate order
s 90 — Restrictions on out of time or additional applications

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