I am a beneficiary in a contested will case.
I am afraid that any order made by the court in favour of the applicant will adversely affect my share in the deceased’s property. Can my interest in the estate be protected?
Yes, under section 10 of the Family Provision Act 1982 (NSW) which provides:
Where, on an application in relation to a deceased person, the Court makes an order for provision in favour of an eligible person out of the estate or notional estate of the deceased person, the Court may make an order in favour of any other eligible person or any other person by whom, or any purpose for which, property in the estate or notional estate of the deceased person is held or would, but for the order for provision in favour of the eligible person, be held that provision be made 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.
In Large v Higham (No.2)  NSWSC 560 at 55-56, the court relied on this power to order a legacy in substitution of the remainder interest in the will for a grandchild beneficiary who was not an eligible person.