90Restrictions on out of time or additional applications

#### 90 Restrictions on out of time or additional applications 90 Restrictions on out of time or additional applications (cf FPA 28 (5)) > > (1) This section applies to proceedings where— > > > > > (a) an application for a family provision order is made later than 12 months after the date of the death of the deceased person, or > > > > > (b) an application for a family provision order is made in relation to an estate that has been previously the subject of a family provision order. > > > (2) The Court must not make a notional estate order in the proceedings unless— > > > > > (a) it is satisfied that— > > > > > > > (i) the property to be designated as notional estate is property that was the subject of a relevant property transaction or of a distribution from the estate of a deceased person or from the estate of a deceased transferee, and > > > > > > > (ii) the person who holds the property holds it as a result of the relevant property transaction or distribution as trustee only, and > > > > > > > (iii) the property is not vested in interest in any beneficiary under the trust, or > > > > > (b) it is satisfied that there are other special circumstances that justify the making of the notional estate order. > > **ch 3, pt 3.3, divs 1–3 (ss 74–90):** Ins 2008 No 75, Sch 1 \[10\].