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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 11 (1996) - Uniform Succession Laws: Family Provision

Issues Paper 11 (1996) - Uniform Succession Laws: Family Provision


Table of Contents

Preface
Terms of reference
Participants
Submissions

1. INTRODUCTION
1.1 THE OBJECTIVES OF SUCCESSION LAW
1.2 THE LAW OF WILLS
1.3 INTESTACY RULES
1.4 FAMILY PROVISION
1.5 CASE-LAW AND UNIFORMITY

2. PERSONS ENTITLED TO MAKE APPLICATION FOR A FAMILY PROVISION ORDER
2.1 SURVIVING SPOUSES
2.2 CHILDREN
2.3 FORMER SPOUSE

    Issues for consideration
2.4 STEP-CHILDREN
    Issue for consideration
2.5 GRANDCHILDREN
    Issues for consideration
2.6 OTHER YOUNG PERSONS
    Issues for consideration
2.7 DE FACTO SPOUSES
    Issues for consideration
2.8 PARENTS
    Issues for consideration
2.9 OTHER ADULTS
    Issues for consideration

3. "ADEQUATE PROVISION" FOR "PROPER MAINTENANCE"
3.1 AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY
3.2 NEW SOUTH WALES
3.3 QUEENSLAND
3.4 SOUTH AUSTRALIA
3.5 TASMANIA
3.6 VICTORIA
3.7 WESTERN AUSTRALIA
3.8 ISSUES FOR CONSIDERATION

4. OTHER CONSTRAINTS ON THE COURT'S JURISDICTION TO MAKE A FAMILY PROVISION ORDER
4.1 AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY
4.2 NEW SOUTH WALES
4.3 QUEENSLAND
4.4 SOUTH AUSTRALIA
4.5 VICTORIA
4.6 WESTERN AUSTRALIA
4.7 WHEN SHOULD THE APPLICANT'S MORAL OR OTHER FITNESS FOR RELIEF BY CONSIDERED?
4.8 ISSUES FOR CONSIDERATION
4.9 EVIDENCE OF CHARACTER AND CONDUCT

    Australian Capital Territory and Northern Territory
    New South Wales
    Tasmania
    Western Australia
    Issues for consideration

5. THE "ESTATE" FROM WHICH PROVISION BE MADE
5.1 AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY
5.2 NEW SOUTH WALES
5.3 QUEENSLAND
5.4 SOUTH AUSTRALIA
5.5 TASMANIA
5.6 VICTORIA
5.7 WESTERN AUSTRALIA
5.8 MEANING OF "ESTATE"
    Issues for consideration
5.9 PROPERTY THE SUBJECT OF A POWER OF APPOINTMENT EXERCISABLE BY WILL
    Issue for consideration

6. THE TIME WITHIN WHICH AN APPLICATION MUST BE MADE
6.1 AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY
6.2 NEW SOUTH WALES
6.3 QUEENSLAND
6.4 SOUTH AUSTRALIA
6.5 TASMANIA
6.6 VICTORIA
6.7 WESTERN AUSTRALIA
6.8 ISSUES FOR CONSIDERATION

7. THE COURT'S DISCRETION
7.1 AUSTRALIAN CAPITAL TERRITORY AND NORTHERN TERRITORY
7.2 NEW SOUTH WALES
7.3 QUEENSLAND
7.4 SOUTH AUSTRALIA
7.5 TASMANIA
7.6 VICTORIA
7.7 WESTERN AUSTRALIA
7.8 ISSUE FOR CONSIDERATION

8. ORDERS AND VARIATION OF ORDERS
8.1 CONTENTS OF ORDER

    Australian Capital Territory and Northern Territory
    New South Wales
    Queensland
    South Australia
    Tasmania
    Victoria
    Western Australia
    Issue for consideration
8.2 CLASS FUNDS
    Australian Capital Territory and Northern Territory
    New South Wales
    Tasmania
    Western Australia
    Issue for consideration
8.3 WHICH BENEFICIARIES' SHARES MUST BEAR THE BURDEN OF THE ORDER
    Australian Capital Territory and Northern Territory
    New South Wales
    Queensland
    South Australia
    Tasmania
    Victoria
    Western Australia
    Issues for consideration
8.4 EFFECT OF THE ORDER
    Australian Capital Territory and Northern Territory
    New South Wales
    South Australia
    Victoria
    Western Australia
8.5 PROBATE AND LETTERS OF ADMINISTRATION
8.6 ISSUES FOR CONSIDERATION
8.7 VARIATIONS OF ORDER
    Australian Capital Territory
    New South Wales
    Additional provision
    Northern Territory
    Queensland
    South Australia
    Tasmania
    Victoria
    Western Australia
    Issues for consideration

9. PROTECTION OF DISTRIBUTIONS
9.1 AUSTRALIAN CAPITAL TERRITORY
    Protection of distributions
    Protection of Administrator
9.2 NEW SOUTH WALES
    Protection of Administrator
9.3 NORTHERN TERRITORY
    Protection of distributions
    Protection of Administrator
9.4 QUEENSLAND AND VICTORIA
    Protection of personal representative and distributions
9.5 SOUTH AUSTRALIA
    Protection of Administrator
9.6 TASMANIA
    Protection of distributions
9.7 WESTERN AUSTRALIA
    Protection of Administrator
9.8 ISSUES FOR CONSIDERATION

10. MISCELLANEOUS
10.1 CONTRACTING OUT

    Issue for consideration
10.2 MORTGAGING, CHARGING AND ASSIGNING AN INTEREST ARISING FROM AN ORDER OF THE COURT
    Australian Capital Territory and Northern Territory
    Queensland
    South Australia
    Western Australia
    Issue for consideration
10.3 "PRESUMPTION OF DEATH"
    Issue for consideration
10.4 COSTS
    Issue for consideration
10.5 STAMP AND ESTATE DUTY
    Issue for consideration



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