Orders in favour of non-applicants in contested will cases

Where an order for provision is made in favour of an eligible person out of the estate of a deceased person, the court may make an order in favour of any non-applicant in relation to property or notional estate of the deceased in such manner and to such extent as the Court thinks necessary to adjust all the interests concerned and to do justice in all the circumstances: section 10 Family Provision Act 1982 (NSW). This section was relied on in Large v Higham (No. 2) [2010] NSWSC 560 at 55-56, to order a legacy in substitution of the remainder interest in the will for a grandchild beneficiary who was not an eligible person.


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