NSWIn ForceAct
Succession Act 2006
98Mediation, orders with consent and costs
Start here
Get a plain-English read of 98
Turn the raw legal text into a practical explanation grounded in Succession Act 2006.
#### 98 Mediation, orders with consent and costs
98 Mediation, orders with consent and costs
(cf FPA 33 (1))
> > (1) The object of this section is to encourage the settlement by affected parties of disputes concerning the estate of a deceased person.
>
> > (2) Unless the Court, for special reasons, otherwise orders, it must refer an application for a family provision order for mediation before it considers the application.
>
> > (3) The Court may make a family provision order in terms of a written agreement (a consent order) that—
> >
> > > (a) is produced to the Court by the affected parties in relation to an application after mediation, or on the advice of a legal practitioner, and
> >
> > > (b) indicates the parties’ consent to the making of the family provision order in those terms.
>
> > (4) The regulations may make provision for or with respect to the following—
> >
> > > (a) mediations and consent orders under this section,
> >
> > > (b) regulating or prohibiting advertising concerning the provision of legal services in connection with mediations and other proceedings under this Chapter in relation to the estate or notional estate of a deceased person.
>
> > (5) In this section, legal services has the same meaning as in the [Legal Profession Uniform Law (NSW)](/view/html/inforce/current/act-2014-16a).
>
> **s 98:** Ins 2008 No 75, Sch 1 \[10\]. Am 2015 No 7, Sch 2.40 \[1\].