Section 90 — Succession Act 2006 (NSW)

(cf FPA 28 (5))
(1) This section applies to proceedings where—
(a) an application for a family provision order is made later than 12 months after the date of the death of the deceased person, or
(b) an application for a family provision order is made in relation to an estate that has been previously the subject of a family provision order.
(2) The Court must not make a notional estate order in the proceedings unless—
(a) it is satisfied that—
(i) the property to be designated as notional estate is property that was the subject of a relevant property transaction or of a distribution from the estate of a deceased person or from the estate of a deceased transferee, and
(ii) the person who holds the property holds it as a result of the relevant property transaction or distribution as trustee only, and
(iii) the property is not vested in interest in any beneficiary under the trust, or
(b) it is satisfied that there are other special circumstances that justify the making of the notional estate order.

Related sections

• s 87 — General matters that must be considered by Court
• 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 91 — Grant of probate or administration to enable application to be dealt with
• s 92 — Substitution of property affected by orders or proposed orders
• s 93 — Protection of legal representative who distributes after giving notice

Research how courts apply s 90

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