What is notional estate in will dispute proceedings?

Notional estate is a complex legal concept that applies only in NSW. In NSW, assets not held in the deceased’s name at the time of death, such as superannuation (which is typically held by a trustee or trustee company), can be included in the estate during a family provision case.

This rule may be applied if the deceased, despite not owning the asset directly, had control over it and could have altered its nature or used it for personal benefit.