Victorian Current Acts

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Factors to be considered in making family provision order

    (1)     In making a family provision order, the Court must have regard to—

        (a)     the deceased's will, if any; and

        (b)     any evidence of the deceased's reasons for making the dispositions in the deceased's will (if any); and

        (c)     any other evidence of the deceased's intentions in relation to providing for the eligible person.

    (2)     In making a family provision order, the Court may have regard to the following criteria—

        (a)     any family or other relationship between the deceased and the eligible person, including—

              (i)     the nature of the relationship; and

              (ii)     if relevant, the length of the relationship;

        (b)     any obligations or responsibilities of the deceased to—

              (i)     the eligible person; and

              (ii)     any other eligible person; and

              (iii)     the beneficiaries of the estate;

        (c)     the size and nature of the estate of the deceased and any charges and liabilities to which the estate is subject;

        (d)     the financial resources, including earning capacity, and the financial needs at the time of the hearing and for the foreseeable future of—

              (i)     the eligible person; and

              (ii)     any other eligible person; and

              (iii)     any beneficiary of the estate;

        (e)     any physical, mental or intellectual disability of any eligible person or any beneficiary of the estate;

        (f)     the age of the eligible person;

        (g)     any contribution (not for adequate consideration) of the eligible person to—

              (i)     building up the estate; or

              (ii)     the welfare of the deceased or the deceased's family;

        (h)     any benefits previously given by the deceased to any eligible person or to any beneficiary;

              (i)     whether the eligible person was being maintained by the deceased before that deceased's death either wholly or partly and, if the Court considers it relevant, the extent to which and the basis on which the deceased had done so;

        (j)     the liability of any other person to maintain the eligible person;

        (k)     the character and conduct of the eligible person or any other person;

        (l)     the effects a family provision order would have on the amounts received from the deceased's estate by other beneficiaries;

        (m)     any other matter the Court considers relevant.

S. 92 amended by No. 6920
s. 6(a)(b), repealed by No. 110/1986 s. 140(2).

    *     *     *     *     *

No. 3632
s. 141.

S. 93 substituted by No. 110/1986 s. 140(2).

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