SUCCESSION — application for provision order under Part 3 Succession Act 2006 (NSW) — whether financial and material circumstances of persons entitled to intestate estate of a named beneficiary under deceased's will relevant under s 60 in making a provision order in favour of another named beneficiary under deceased's will — consideration of meaning of 'beneficiary' in s 60(2)(d) — EVIDENCE — applicant sought declaratory relief at preliminary stage that evidence of financial and material circumstances of persons entitled to intestate estate of a named beneficiary under deceased's will not relevant to making of a provision order in favour another named beneficiary under deceased's will — HELD — application dismissed — not appropriate to make preliminary determination on relevance of such evidence in advance of hearing — not persuaded that evidence can be dismissed as having no potential relevance
Case Details
Citation[2012] NSWSC 291
CourtNSWSC
JurisdictionNew South Wales
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