View source for Family Provision Application

This page illustrates the state of Australian Family Provision Law. It offers a complete depiction of statute and provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.

[[Relevant Legislation]]

[[Eligibility to apply (as of right)]]

[[Eligibility to apply (entitled to apply)]]

[[Meaning of 'the estate']]

[[Anti-avoidance]]

[[Applicants without capacity]]

[[Time limits for making application]]

[[Extension of time limit]]

[[Factors of which the court must be satisfied]]

[[Matters to be considered by the court in determining adequacy of provision]]

[[Protection of subsequent applicants]]

[[Admissibility of testator's reasons]]

[[The Court's discretion to order further provision]]

[[Protection of administrators]]

[[Protection of distributions]]

[[Contents of orders]]

[[Bearing the share of the order]]

[[Effect of the order]]

[[Probate and letters of administration]]

[[Variations of order]]

[[Presumption of death]]

[[Stamp and estate duty]]