Succession Act 2006

A family provision order takes effect, unless the Court otherwise orders, as if the provision was made—

in a codicil to the will of the deceased person, if the deceased person made a will, or

in a will of the deceased person, if the deceased person died intestate.

Without limiting subsection (1), the Court may at the time of distribution of an estate that is insufficient to give effect to a family provision order make such orders concerning the abatement or adjustment of distributions from the estate as between the person in whose favour the family provision order is made and the other beneficiaries of the estate as it considers to be just and equitable among the persons affected.