Victorian Current Acts Victorian Current ActsS. 99A(1) amended by Nos 27/2001 s. 3(Sch. 1 item 1.13), 80/2014 s. 9(1).
(1) No action shall lie against the personal representative by reason of the personal representative having distributed any part of the estate, and no application or family provision order shall disturb the distribution, if it was properly made by the personal representative for the purpose of providing for the maintenance support or education of the partner or any child of the deceased totally or partially dependent on the deceased immediately before the death of the deceased, whether or not the personal representative had notice at the time of the distribution of any application or intended application under this Part for a family provision order in respect of the estate.
S. 99A(2) amended by Nos 10/1994
s. 13(k), 80/2014 s. 9(2).
(2) No person who may have made or may be entitled to make an application under this Part for a family provision order shall be entitled to bring a proceeding against the personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative after the person (being of full legal capacity) has notified the personal representative in writing that the person either—
(a) consents to the distribution; or
(b) does not intend to make any application that would affect the proposed distribution.
S. 99A(3) substituted by No. 80/2014 s. 9(3).
(3) No action lies against a personal representative by reason of the personal representative having distributed any part of the estate if the distribution was properly made by the personal representative after the expiry of 6 months after the grant of probate of the will or of letters of administration (as the case may be) and either—
(a) the personal representative has not had notice of an application for a family provision order in respect of the estate; or
(b) if the personal representative has had a notice of an intention to make an application for a family provision order in respect of the estate in accordance with subsection (4), the personal representative has not received written notice that an application for a family provision order has been made to the Court within 3 months of the receipt of that notice of an intention to make an application for a family provision order.
S. 99A(4) amended by No. 35/1996
s. 453(Sch. 1 item 3.6), substituted by No. 80/2014 s. 9(3).
(4) For the purposes of this section, notice to a personal representative of an intention to make any application for a family provision order referred to in subsection (3)(b)—
(a) must be in writing signed by the eligible person or the eligible person's legal practitioner; and
(b) lapses within 3 months from the receipt of the notice by the personal representative unless an application for a family provision order has been made to the Court; and
(c) is incapable of being renewed.
S. 99A(5) inserted by No. 80/2014 s. 9(3).
(5) Nothing in this section—
(a) extends the period within which a person can make an application for a family provision order without a Court order; or
(b) prevents the subsequent making
of an application for a family provision order within any other period allowed
by this Act.
Pt 4A (Heading and ss 99AA, 99AB)
inserted by No.
88/1997
s. 60 (as amended by No.
43/1998
s. 58).
Part IVA—Transitional
S. 99AA inserted by No.
88/1997
s. 60 (as amended by No.
43/1998
s. 58).