New South Wales Consolidated Acts

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Consequential and ancillary orders

66 Consequential and ancillary orders

(cf FPA 15 (1), 34)

(1) The Court may, in addition to, or as part of, a family provision order, make orders for or with respect to all or any of the following matters for the purpose of giving effect to the family provision order:
(a) the transfer of property of the estate directly to the eligible person in whose favour the order is made, or to any other person as trustee for that person,
(b) where property is to be held on trust, the purpose of the trust and the way in which it is to be constituted,
(c) the appointment of a trustee of property of the estate,
(d) the powers and duties of a trustee of property of the estate, including any trustee constituted or appointed under this section,
(e) the vesting in any person of property of the estate,
(f) the exercise of a right or power to obtain property for the estate,
(g) the sale of or dealing with property of the estate,
(h) the disposal of the proceeds of any sale or other realising of property of the estate,
(i) the securing, either wholly or partially, of the due performance of an order under this Part,
(j) the management of the property of the estate,
(k) the execution of any necessary conveyance, document or instrument, the production of documents of title or the doing of such other things as the Court thinks necessary in relation to the performance of the family provision order,
(l) any other matter the Court thinks necessary.
(2) The Court may make such additional orders as it considers necessary to adjust the interests of any person affected by a family provision order and to be just and equitable to all persons affected by the order.
(3) The execution of an instrument relating to property in the notional estate of a deceased person pursuant to an order under this section is not liable to duty under the Duties Act 1997 .

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