Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014 (NO. 80 OF 2014) - SECT 6

Contents of order

    (1)     Insert the following heading to section 97 of the Administration and Probate Act 1958

" Contents of family provision order ".

    (2)     In section 97(1) of the Administration and Probate Act 1958 for "order under this Part" substitute "family provision order".

    (3)     In section 97(3) of the Administration and Probate Act 1958 for "provision" substitute "a family provision order".

    (4)     For section 97(4) of the Administration and Probate Act 1958 substitute

    "(4)     Subject to this Part, a family provision order operates and takes effect—

        (a)     if the deceased dies leaving a will disposing of the whole or any part of the deceased's estate, as if the provision made by the family provision order had been made by the deceased by executing a codicil to that will immediately before the deceased's death; or

        (b)     if the deceased dies without leaving a will—

              (i)     as a modification of Division 6 of Part I in respect of so much of the deceased's estate as is affected by the family provision order; and

              (ii)     as if the provision made by the family provision order had been made by the deceased in the deceased's will.".

    (5)     In section 97(5) of the Administration and Probate Act 1958 , for "order making provision for any person. Notice of the application shall be served on all persons taking any benefit under the order sought to be rescinded or altered" substitute "family provision order".

    (6)     After section 97(5) of the Administration and Probate Act 1958 insert

    "(5A)     Notice of an application under subsection (5) must be served on all persons taking any benefit under the family provision order sought to be rescinded or altered.".

    (7)     Section 97(6) and (7) of the Administration and Probate Act 1958 are repealed .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback