Difference between revisions of "Family Provision Application"

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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.
 
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]
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[[Relevant Legislation]]
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[[Eligibility to apply (as of right)]
+
  
[[Eligibility to apply (entitled to apply)]
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[[Eligibility to apply (as of right)]]
  
[[Meaning of 'the estate']
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[[Eligibility to apply (entitled to apply)]]
  
[[Anti-avoidance]
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[[Meaning of 'the estate']]
  
[[Applicants without capacity]
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[[Anti-avoidance]]
  
[[Time limits for making application ]
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[[Applicants without capacity]]
  
[[Extension of time limit ]
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[[Time limits for making application]]
  
[[Factors of which the court must be satisfied ]
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[[Extension of time limit]]
  
[[Matters to be considered by the court in determining adequacy of provision ]
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[[Factors of which the court must be satisfied]]
  
[[Protection of subsequent applicants ]
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[[Matters to be considered by the court in determining adequacy of provision]]
  
[[Admissibility of testator's reasons ]
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[[Protection of subsequent applicants]]
  
[[The Court's discretion to order further provision ]
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[[Admissibility of testator's reasons]]
  
[[Protection of administrators ]
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[[The Court's discretion to order further provision]]
  
[[Protection of distributions ]
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[[Protection of administrators]]
  
[[Contents of orders ]
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[[Protection of distributions]]
  
[[Bearing the share of the order ]
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[[Contents of orders]]
  
[[Effect of the order ]
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[[Bearing the share of the order]]
  
[[Probate and letters of administration ]
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[[Effect of the order]]
  
[[Variations of order ]
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[[Probate and letters of administration ]
  
[[Presumption of death ]
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[[Variations of order ]
  
[[Stamp and estate duty ]
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[[Presumption of death ]
 +
 
 +
[[Stamp and estate duty ]

Revision as of 23:54, 16 September 2013