Victorian Numbered Regulations Victorian Numbered Regulationsr. 4
(1) In Rule 16.03(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 [1] , after " Wills Act 1997 " insert "but before the commencement of Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 ".
(2) After Rule 16.03(2) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008 insert —
"(3) If the application is for a family provision order in respect of the estate of a person who died on or after the commencement of Part 2 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , the affidavit in support of the application shall, amongst other things, state the circumstances relied on to establish—
(a) that the person making the application, or on whose behalf the application is made, is an eligible person within the meaning of the Administration and Probate Act 1958 ;
(b) in the case of an eligible person referred to in paragraph (f) or (g) of the definition of "eligible person", that, or the degree to which, the eligible person is not capable, by reasonable means, of providing adequately for the eligible person's proper maintenance and support;
(c) in the case of an eligible person referred to in paragraphs (h) to (k) of the definition of "eligible person", that the eligible person was wholly or partly dependent on the deceased for the eligible person's proper maintenance and support;
(d) that, at the time of death, the deceased had a moral duty to provide for the eligible person's proper maintenance and support; and
(e) that the distribution of the deceased's estate fails to make adequate provision for the proper maintenance and support of the eligible person, whether by—
(i) the deceased's will (if any);
(ii) the operation of Division 6 of Part I of the Administration and Probate Act 1958 ; or
(iii) both the will and the operation of Division 6 of Part I of that Act.".