Australian Capital Territory Current Acts

FAMILY PROVISION ACT 1969 - SECT 20

    (1)     Subject to subsection (2), notwithstanding any distribution of property forming part of the estate of a deceased person made by the administrator of the estate, the Supreme Court may, in an order under section 8 or 9A in relation to that estate, direct that provision be made for a person out of that property.

    (2)     In an order under section 8 or 9A, the Supreme Court shall not direct that provision be made for a person out of any property that has been the subject of a distribution referred to in subsection (1) if—

        (a)     the distribution was properly made for the purpose of providing for the proper maintenance, education or advancement in life of a person who was totally or partially dependent on the deceased person immediately before the death of the deceased person; or

        (b)     the distribution was made—

              (i)     more than 6 months after the date when administration of the estate was granted; and

              (ii)     before the administrator had notice of the application for the order or, if an application was made under section 9 for an extension of time within which an application for an order under section 8 may be made, the application under section 9;

and the property that was so distributed has vested in possession of any person.