New South Wales Consolidated Acts

SUCCESSION ACT 2006 - SECT 88

88 Estate must not be sufficient for provision or order as to costs

(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.