New South Wales Consolidated Acts

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SUCCESSION ACT 2006 - SECT 70

Variation and revocation of family provision orders

70 Variation and revocation of family provision orders

(cf FPA 19 (1)-(3) and 20 (4))

(1) A family provision order may be varied or revoked by the Court only in accordance with this Chapter.
(2) The Court may, by order, vary or revoke a family provision order so as to allow provision to be made in favour of another eligible person wholly or partly from all or any property affected by the order.
(3) The Court must not vary or revoke a family provision order so as to allow provision to be made in favour of another eligible person unless that person shows sufficient cause for not having applied for a family provision order before the order sought to be varied or revoked was made.
(4) A family provision order is revoked if the grant of administration in respect of the estate of the deceased person is revoked or rescinded, unless the Court otherwise provides when revoking or rescinding the grant.
Note : The Court may also vary a family provision order under sections 62 and 92.



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