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Upsetting Wills: Testator’s Family Maintenance Proceedings in Victoria 2017

Upsetting Wills: Testator’s Family Maintenance Proceedings in Victoria 2017

By Richard Cook

On 1 January 2015 Part IV of the Administration and Probate Act was substantially amended. This work discusses the principles that now underlie applications made under that part of the Act. Whereas before an applicant was required to show that the deceased had a “responsibility” to make provision in order to bring an application, now the applicant must be an “eligible  person” as defined by the Act.

Courts Duties Succession Wills 

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    On 1 January 2015 Part IV of the Administration and Probate Act was substantially amended. This work discusses the principles that now underlie applications made under that part of the Act. Whereas before an applicant was required to show that the deceased had a “responsibility” to make provision in order to bring an application, now the applicant must be an “eligible  person” as defined by the Act. As well, in the case of some eligible people, those people must have been wholly or partly dependent on the deceased for their proper maintenance and support before an order can be made; in all cases it must be shown that at the time of death the deceased had a moral duty to provide for the applicant and that the distribution of the deceased’s estate failed to make adequate provision for his or her proper maintenance and support. There are other significant requirements for certain applicants introduced by the amending Act.

    This work discusses in detail:

    • who is an “eligible person”
    • the four steps in making a TFM claim
    • the factors to be considered when making a claim for a family provision order
    • a series of other considerations and practical matters.

    The Court Practice Notes are also reproduced together with the Rules of Court relating to TFM applications.

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    ISBN: 9780980556254

    Published: 2016

    Format: Softcover

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