New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 78

Notional estate order may be made only if family provision order or certain costs orders to be made

78 Notional estate order may be made only if family provision order or certain costs orders to be made

(1) The Court may make an order designating property as notional estate only:
(a) for the purposes of a family provision order to be made under Part 3.2, or
(b) for the purposes of an order that the whole or part of the costs of proceedings in relation to the estate or notional estate of a deceased person be paid from the notional estate of the deceased person.
Note : Section 63 (5) enables a family provision order to be made in relation to property designated as notional estate of a deceased person.
Section 99 enables the Court to order that costs be paid out of the notional estate of a deceased person.
(2) The Court must not make an order under subsection (1) (b) for the purposes of an order that the whole or part of an applicant's costs be paid from the notional estate of the deceased person unless the Court makes or has made a family provision order in favour of the applicant.



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