sec.61DApplication to court to confirm or vary operation of s 61B

### sec.61D Application to court to confirm or vary operation of s 61B An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B . An application may be made by— a beneficiary under the principal’s will; or the personal representative of a deceased beneficiary under the principal’s will; or the personal representative of the principal. An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and applies despite any contrary operation of section 61B . An application under this section must be made to the court within 6 months after the principal’s death. The court may extend the application time. The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. Despite section 109A , a reference in this section to the court does not include a reference to the tribunal. s 61D ins 2019 No. 9 s 66 (sec.61D-ssec.1) An application may be made to the court for— an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B . (sec.61D-ssec.2) An application may be made by— a beneficiary under the principal’s will; or the personal representative of a deceased beneficiary under the principal’s will; or the personal representative of the principal. (sec.61D-ssec.3) An order made under subsection (1) (b) — has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and applies despite any contrary operation of section 61B . (sec.61D-ssec.4) An application under this section must be made to the court within 6 months after the principal’s death. (sec.61D-ssec.5) The court may extend the application time. (sec.61D-ssec.6) The Succession Act 1981 , section 44 (1) to (4) applies to an application and an order made on it as if the application were an application under part 4 of that Act by a person entitled to make an application. (sec.61D-ssec.7) Despite section 109A , a reference in this section to the court does not include a reference to the tribunal. - (a) an order, including an order to direct a conveyance, deed or other thing to be executed or done, to give effect to section 61B ; or - (b) an order to ensure a beneficiary under the principal’s will does not gain an unjust and disproportionate advantage or suffer an unjust and disproportionate disadvantage of a kind not contemplated by the will because of the operation of section 61B . - (a) a beneficiary under the principal’s will; or - (b) the personal representative of a deceased beneficiary under the principal’s will; or - (c) the personal representative of the principal. - (a) has effect as if it had been made as a codicil to the principal’s will executed immediately before the principal’s death; and - (b) applies despite any contrary operation of section 61B .