Family provision in Australia / by John K. De Groot and Bruce W. Nickel.

St. Leonards, N.S.W. : LexisNexis Australia, 2026.

7th edition

203011

Probate law and practice -- Australia.

Decedents' family maintenance -- Australia.

1. Historical background

2. Approach to claims generally

3. Approach in particular circumstances

4. Particular applicants

5. Time limits

6. Duties of the personal representative

7. Miscellaneous considerations

8. Orders

9. Appeals

10. Costs

11. Procedure

Appendix I: Forms and precedents

Appendix II: Family provision application checklist

Appendix III: Family provision legislation.

Family Provision in Australia is cited frequently in superior court decisions. Among its outstanding features are the tables of cases which, in this new edition, include a new one that presents digestible format decisions where a poor relationship has been relevant in affecting the outcome of the application. The updates in this edition also include updated commentary on the effect of bankruptcy on family provision claims which has been the subject of conflicting judicial opinion. Features: Family Provision in Australia 7th edition incorporates changes to succession law in South Australia from 1 January 2025. These developments consider that: in determining a family provision claim, “the wishes of the deceased person is the primary consideration of the Court”; government welfare payments ‘must’ be taken into account in the making of orders, thus resolving the debate, still current in other jurisdictions, about whether the payments ‘must’, ‘may’ or ‘should’ be considered relevant; and adult stepchildren can bring a claim if they meet specific conditions. - Publisher's website.

Previous edtion 2021.

Includes bibliographical references and index.

9780409361780

lxxx, 708 pages ; 25 cm