Section 88 — Succession Act 2006 (NSW)

(cf FPA 28 (1))
The Court must not make a notional estate order unless it is satisfied that—
(a) the deceased person left no estate, or
(b) the deceased person’s estate is insufficient for the making of the family provision order, or any order as to costs, that the Court is of the opinion should be made, or
(c) provision should not be made wholly out of the deceased person’s estate because there are other persons entitled to apply for family provision orders or because there are special circumstances.

Related sections

• s 85 — More than one notional estate order may be made
• s 86 — Power subject to Division 3
• s 87 — General matters that must be considered by Court
• s 89 — Determination of property to be subject to notional estate order
• s 90 — Restrictions on out of time or additional applications
• s 91 — Grant of probate or administration to enable application to be dealt with

Research how courts apply s 88

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