New South Wales Consolidated Acts

TESTATOR'S FAMILY MAINTENANCE AND GUARDIANSHIP OF INFANTS ACT 1916 - SECT 6

6 Provisions relating to orders

(1) Every order making any provision under this Act shall inter alia:

(a) specify the amount and nature of such provision,

(b) specify the part or parts of the estate out of which such provision shall be raised or paid, and prescribe the manner of raising and paying such provision,

(c) state the conditions, restrictions, or limitations imposed by the court.

(2) Unless the court otherwise orders, the burden of any such provision shall as between the persons beneficially entitled to the estate of the deceased person be borne by those persons in proportion to the values of their respective interests in such estate:
Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued, but the proportion of the provision made under this Act to be borne by such property shall be raised or charged against the corpus of such property.

(3) The court shall in every case in which provision is made under this Act direct that a certified copy of such order be made upon the probate of the will or letters of administration with the will annexed or, as the case may be, letters of administration of the estate of the deceased person, and for that purpose may require the production of such probate or letters.

(4) The court may at any time and from time to time on the application by motion of the executor of the testator’s estate or of the administrator of the estate of the intestate or of any person beneficially entitled to or interested in any part of the estate of the deceased person rescind or alter any order making any provision under this Act. Notice of such motion shall be served on all persons taking any benefit under the order sought to be rescinded or altered.

(5) The court may make such order as to the costs of any proceeding under this Act as it deems just.