What is the notional estate in a contested will?

In a contested will, the notional estate of the deceased can under the Succession Act also include property not specifically included e.g. property transferred out of the estate before death, otherwise distributed from the estate after death or property not included such as superannuation, life insurance or real estate forming part of a joint tenancy. 

Provided the time-limits and criteria are met it can be important to designate such property as "notional estate" if there would not be enough assets to satisfy a family provision order. The idea behind declaring property as notional estate is to capture sham transactions where there was no real consideration. The power is wide-ranging as it could also trace property that has been subsequently dealt with e.g. property that passes to the deceased's spouse by reason of survivorship where that spouse then also dies.

To find out if certain property can be designated as notional estate for the purposes of an application (or to oppose it) schedule a conference to discuss your case.  

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