New South Wales Consolidated Acts

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

6A Increase in provision

(1) Notwithstanding any other provision of this Act, on an application made by or on behalf of a person in whose favour provision out of the estate of a deceased person has been made by an order under this Act, if the court is satisfied that there has been, since the date of the order, a substantial detrimental change in the circumstances of the person, it may make a further order under section 3 making additional provision in favour of the person.

(2) An order made as referred to in subsection (1) shall not order that provision be made out of assets of the estate of a testator or an intestate distributed before notice of the application for increased provision is given to the executor or administrator, as the case may be, unless the court is satisfied that there are special circumstances which justify the making of such an order.

(3) For the purposes of subsection (2), an asset of the estate of a testator or an intestate is not distributed unless the asset is vested in interest in a person.

(4) Subsection (1) applies to any order for provision made under this Act since 18th September 1916.