TABLE OF CONTENTS

Updates and background for this project (Digest)

Terms of reference
Participants
PREFACE

PART 1 PRELIMINARY

1 Name of Act
2 Commencement
3 Definitions
4 Application of Act to deceased persons
5 Act binds Crown

Division 1 Applications for family provision orders
6 Family members who are entitled to make applications
7 Other family members or persons owed responsibility entitled to make applications
8 Applications for persons lacking capacity
9 Time limit for applications
Division 2 Determination of applications
10 When family provision order may be made
11 Matters to be considered by Court
12 Other possible applicants
13 Interim family provision orders
Division 3 Property that may be used for family provision orders
14 Property that may be used for family provision orders
15 Orders may affect property in or outside jurisdiction
Division 4 General provisions relating to family provision orders
16 Nature of orders
17 Consequential and ancillary orders
18 Undertakings to restore property
19 Payment for exoneration from liability for orders
20 Effect of order vesting property in estate
21 Variation and revocation of family provision orders
22 Variation and revocation of other orders
23 Effect of family provision order
24 Application

Division 1 Relevant property transactions
25 Definition
26 Transactions that are relevant property transactions
27 Examples of relevant property transactions
28 When relevant property transactions take effect
Division 2 When notional estate orders may be made
29 Notional estate order may be made only if family provision order or certain costs orders to be made
30 Notional estate order may be made where property of estate distributed
31 Notional estate order may be made where estate affected by relevant property transaction
32 Notional estate order may be made where estate affected by subsequent relevant property transaction
33 Notional estate order may be made where property of deceased transferee’s estate held by administrator or distributed
34 Disadvantage and other matters required before order can be made
35 Effect of notional estate order
36 More than one notional estate order may be made
37 Power subject to Division 3
Division 3 Restrictions and protections relating to notional estate orders
38 General matters that must be considered by Court
39 Estate must not be sufficient for provision or order as to costs
40 Determination of property to be subject to notional estate order
41 Restrictions on out of time or additional applications

42 Grant of probate or administration
43 Substitution of property affected by orders or proposed orders
44 Protection of administrator who distributes after giving notice
45 Protection of administrator in other circumstances
46 Release of rights under Act
47 Revocation of approval of release
48 Court may determine date of death
49 Costs
50 Regulations
51 Rules of Court

Notice of intended distribution of estate

Table of Legislation
Table of cases