New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 90

Restrictions on out of time or additional applications

90 Restrictions on out of time or additional applications

(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.



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