New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 65

65 Nature of orders

(cf FPA 11 (1) (a) and (d))

(1) A family provision order must specify--

(a) the person or persons for whom provision is to be made, and

(b) the amount and nature of the provision, and

(c) the manner in which the provision is to be provided and the part or parts of the estate out of which it is to be provided, and

(d) any conditions, restrictions or limitations imposed by the Court.

(2) A family provision order may require the provision to be made in one or more of the following ways--

(a) by payment of a lump sum of money,

(b) by periodic payments of money,

(c) by application of specified existing or future property,

(d) by way of an absolute interest, or a limited interest only, in property,

(e) by way of property set aside as a class fund for the benefit of 2 or more persons,

(f) in any other manner the Court thinks fit.

(3) If provision is to be made by payment of an amount of money, the family provision order may specify whether interest is payable on the whole or any part of the amount payable for the period, and, if so, the period during which interest is payable and the rate of the interest.