Victorian Current Acts Victorian Current ActsS. 97(1) amended
by Nos 88/1997
s. 59(1), 80/2014 s. 6(2).
(1) Every family provision order making provision for any person shall specify (inter alia)—
(a) the amount and nature of the provision;
S. 97(1)(b) amended by No. 6920 s. 9.
(b) the manner in which the provision shall be raised or paid out of some and what part or parts of the estate of the deceased; and
(c) any conditions restrictions or limitations imposed by the Court.
S. 97(2) amended by No. 6920
s. 9(a).
(2) Unless the Court otherwise orders the burden of any such provision shall as between the person beneficially entitled to the estate of the deceased be borne by those persons in proportion to the values of their respective estates and interests in such estate:
Provided that the estates and interests of persons successively entitled to any property which is settled by such will shall not for the purposes of this subsection be separately valued but the proportion of the provision made under this Part to be borne by such property shall be raised out of or charged against the corpus of such property.
S. 97(3) amended by Nos 6920
s. 9(b), 10/1994
s. 4(4)(a)(i)(ii), 80/2014 s. 6(3).
(3) The Court shall in every case in which a family provision order is made under this Part direct that a certified copy of such order be attached to the probate of the will or letters of administration and for that purpose shall retain in its custody such probate or letters of administration until such copy is attached.
S. 97(4) substituted by Nos 6920
s 9(c), 80/2014 s. 6(4).
(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—
S. 97(4)(b)(i)
amended by No. 41/2017 s. 13.
(i) as a modification of Part IA 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.
S. 97(5) amended by Nos 10/1994
s. 4(4)(b)(i)(ii),
88/1997
s. 59(2), 80/2014 s. 6(5).
(5) The Court may at any time and from time to time on the application of the executor or administrator of the testator's estate or of any person beneficially entitled to or interested in any part of the estate of the testator rescind or alter any family provision order.
S. 97(5A) inserted by No. 80/2014 s. 6(6).
(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.
S. 97(6) substituted by No.
88/1997
s. 59(3), repealed by No. 80/2014 s. 6(7).
* * * * *
S. 97(7) inserted by No.
88/1997
s. 59(3), repealed by No. 80/2014 s. 6(7).
* * * * *
Nos 3632
s. 146, 4483
s. 7.
S. 98 substituted by No. 6920 s. 10, amended by No. 80/2014 s. 7(a).