FAQ – How does the court give effect to a Family Provision Order?

The court may make ‘consequential and ancillary orders’. The court may in its discretion make these ‘additional orders’ so as to be just and equitable or to adjust the interests of any person affected by the family provision order as follows:

  1. An order for the transfer of property to an applicant;
  2. The court may make an order directing a trust in the way the trust may be constituted;
  3. The court may make an order appointing a trustee of property of the estate;
  4. The court may order the sale of property of the estate;
  5. The court may order a person to obtain property for the estate;
  6. The court may order to transfer property of the estate;
  7. The court may order a person to manage property of the estate; or
  8. The court may make any other order necessary to properly adjust the provision funds between relevant parties.