WebNov 5, 2024 · What is the Notional Estate? ‘Notional Estate’ was introduced in NSW to prevent deceased persons from frustrating potential Family Provision claims. In all other … WebHow NSW’s Notional Estate Provisions may lead to a Family Provision claim that Wrecks your client’s Estate Plan Introduction Anyone involved in estate planning will usually seek to achieve at least three key objectives: The orderly disposal of your client’s assets on death, with no unexpected surprises;

3. Family Provision ALRC

WebIntroduction A notional estate is a concept specific to New South Wales (NSW) Family Provision claims in Australia. It refers to property or assets that are not directly included in the deceased's actual estate but may be considered by the court when deciding whether to make a family provision order. The notional estate provisions allow the court to make … WebAug 15, 2024 · Notional estate is a unique concept in NSW Succession Law that gives the court discretion to claw back certain assets that were not directly owned by a deceased person at the time they died to form part of their estate for the purpose of a family provision order (i.e. a claim upon the estate). si bon french

Family Provisions and the Notional Estate - Martin Bullock Lawyers

WebWhen relevant property transactions take effect Division 2 - When notional estate orders may be made 78. Notional estate order may be made only if family provision order or … http://classic.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/ Web(2) Subsection (1)(b) does not limit any power of the Court in relation to any part of the estate or notional estate of a deceased person which is situated outside NSW. In Balajan v Nikitin, the Court found that this section gave power to the Court to make an order to include personal property situated in NSW if the deceased was domiciled ... sibonga list of brgys