{"id":"a-1969-15","name":"Family Provision Act 1969","slug":"family-provision-act-1969","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"15 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23534,"registerId":"act-a-1969-15-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Provision Act 1969","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFamily Provision Act 1969\nA1969-15\nRepublication No 12\nEffective: 12 December 2023\nRepublication date: 12 December 2023\nLast amendment made by A2023-57\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Family Provision Act 1969 (including any amendment made under\nthe Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2023. It also\nincludes any commencement, amendment, repeal or expiry affecting this republished law to\n12 December 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFamily Provision Act 1969\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Sealing of probate etc granted outside ACT 2\n7 Eligibility 3\n8 Family provision orders 5\n9 Time for making application under s 8 (1) 7\n9A Variation, suspension and discharge of orders 7\n10 Service of application for order under s 8 or s 9A 9\n11 Form of order and burden of provision 9\n12 Class fund 10\n13 Property subject to power of appointment 11\n14 Presumption of death 13\n15 Exoneration of part of estate from provision 13\n16 Operation of order for provision out of estate of deceased person 14\n\nContents\nPage\ncontents 2 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Certified copy of order 14\n19 Permission of court necessary to validity of mortgage, charge or\nassignment of an interest 15\n20 Property available for provision 15\n21 Protection of administrator 16\n22 Relevance of testator’s reasons 16\nDictionary 17\nEndnotes\n1 About the endnotes 18\n2 Abbreviation key 18\n3 Legislation history 19\n4 Amendment history 22\n5 Earlier republications 25\n\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFamily Provision Act 1969\nAn Act to ensure that the family of a deceased person receives adequate provision\nout of his or her estate\n\nSection 1\npage 2 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Family Provision Act 1969.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘intestate—see the Administration\nand Probate Act 1929, section 44 (1).’ means that the term ‘intestate’ is\ndefined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n4 Sealing of probate etc granted outside ACT\n(1) This section applies if—\n(a) probate of a will or letters of administration of an estate is\ngranted outside the ACT; and\n(b) the probate or administration is sealed with the seal of the\nSupreme Court under the Administration and Probate Act 1929,\nsection 80.\n(2) The probate or administration is taken, for this Act, to be probate of\nthe will, or letters of administration of the estate, granted in the ACT\non the date when it was sealed.\n\nSection 7\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Eligibility\n(1) Subject to this section, each of the following persons is entitled to\nmake application to the Supreme Court for provision out of the estate\nof a deceased person:\n(a) a partner of the deceased person;\n(b) a person (other than a partner of the deceased person) who was\nin a domestic relationship with the deceased person for 2 or more\nyears continuously at any time;\n(c) a child of the deceased person;\n(d) a stepchild of the deceased person;\n(e) a grandchild of the deceased person;\n(f) a parent of the deceased person.\n(2) A stepchild of a deceased person is not entitled to make an application\nto the Supreme Court for provision out of the estate of the deceased\nperson unless the stepchild was maintained by the deceased person\nimmediately before his or her death.\n(3) A grandchild of a deceased person is not entitled to make an\napplication to the Supreme Court for provision out of the estate of the\ndeceased person unless—\n(a) the parent of the grandchild who was a child of the deceased\nperson died before the deceased person died; or\n(b) a parent of the grandchild was alive on the day the deceased\nperson died but the grandchild, immediately before the deceased\nperson died—\n(i) was not maintained by a parent; and\n(ii) was maintained by the deceased person.\n\nSection 7\npage 4 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A parent of a deceased person is not entitled to make an application\nto the Supreme Court for provision out of the estate of the deceased\nperson unless—\n(a) the parent was maintained by the deceased person immediately\nbefore his or her death; or\n(b) the deceased person was not survived by any partner or any of\nthe children of the deceased person.\n(7) For this section, a person shall not be regarded as having been\nmaintained by the deceased person immediately before his or her\ndeath unless—\n(a) there was in force at that time an order of a court requiring the\ndeceased person to pay maintenance to or for the benefit of the\nother person; or\n(b) the deceased person was, at that time, whether under a written\nagreement or otherwise, maintaining that other person or\nmaking a contribution to the maintenance of that other person,\nbeing a contribution that, in all of the circumstances, can be\nregarded as other than a nominal contribution; or\n(c) a court would, if the deceased person were still living, have\npower to make an order requiring the deceased person to pay\nmaintenance to or for the benefit of the other person.\n(8) For this section, a child of the deceased person born alive after the\ndeath of that person shall be regarded as having been born before the\ndeath of the deceased person.\n(9) In this section:\ndomestic relationship—see the Domestic Relationships Act 1994,\nsection 3.\npartner, of a deceased person, means someone who—\n(a) was the domestic partner of the person at any time; and\n\nSection 8\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) either—\n(i) was the person’s spouse, civil union partner or civil partner\nat any time; or\n(ii) was the person’s domestic partner continuously for 2 or\nmore years at any time; or\n(iii) is the parent of a child of the person.\nNote For the meaning of domestic partner, see Legislation Act, s 169.\n8 Family provision orders\n(1) On application by a person entitled, under section 7, to apply for\nprovision out of the estate of a deceased person, the Supreme Court\nmay order that the provision as that court thinks fit be made for the\napplicant out of the estate.\n(2) The Supreme Court shall only make an order under subsection (1) if\nsatisfied, in consideration of the criteria set out in subsection (3), that\nas at the date of the order, adequate provision for the proper\nmaintenance, education or advancement in life of the applicant is not\navailable—\n(a) under the will of the deceased; or\n(b) if the deceased died intestate—under the law applicable to that\nintestacy; or\n(c) under that will and that law combined.\n(3) The criteria for the Supreme Court’s decision under subsection (2) in\nrelation to the deceased and the applicant are as follows:\n(a) the character and conduct of the applicant;\n(b) the nature and duration of the relationship between the applicant\nand the deceased;\n\nSection 8\npage 6 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) any financial and non-financial contributions made directly or\nindirectly by or on behalf of either or both the applicant and the\ndeceased to the acquisition, conservation or improvement of any\nof the property or financial resources of either or both persons;\n(d) any contributions (including any in the capacity of homemaker\nor parent) by either the applicant or the deceased to the welfare\nof the other, or of any child of either person;\n(e) the income, property and financial resources of the applicant and\nthe deceased;\n(f) the physical and mental capacity of the applicant, and the\ndeceased (during his or her life), for appropriate gainful\nemployment;\n(g) the financial needs and obligations of the applicant and the\ndeceased (during the life of the deceased);\n(h) the responsibilities of either the applicant or the deceased\n(during his or her life) to support any other person;\n(i) the terms of any order made under the Domestic Relationships\nAct 1994, section 15 with respect to the property of the applicant\nor the deceased;\n(j) any payments made to either the applicant or the deceased by\nthe other, under an order of the court or otherwise, in respect of\nthe maintenance of the other person or any child of the other\nperson;\n(k) any other matter the court considers relevant.\n(4) The Supreme Court may regard an application for provision out of\nthe estate of a deceased person by a single person as an application\nmade on behalf of all the persons entitled to make applications for\nprovision out of the estate of the deceased person.\n\nSection 9\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Time for making application under s 8 (1)\n(1) Subject to subsection (2), an application for an order under section 8\nshall be made within a period of 6 months after the date when\nadministration in respect of the estate of the deceased person has been\ngranted.\n(2) The Supreme Court may, after hearing such of the persons affected\nas the court thinks necessary, extend the time within which an\napplication may be made under section 8.\n(3) An extension of time under this section may be granted—\n(a) on any conditions that the Supreme Court thinks fit; and\n(b) whether or not the time for making an application has ended.\n(4) An application for the extension, under this section, of the time within\nwhich an application for provision out of the estate of the deceased\nperson may be made under section 8 shall not be made after the estate\nof a deceased person has been lawfully and fully distributed.\n(5) An application for provision out of the estate of a deceased person\nshall, for this section, be deemed to have been made on the day when\nthe notice of motion or other document instituting the application is\nfiled.\n9A Variation, suspension and discharge of orders\n(1) In this section:\nprevious order means an order made under this Act that has not been\ndischarged.\n\nSection 9A\npage 8 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subject to this Act, on application made by or on behalf of the\nadministrator of the estate of a deceased person or a person\nbeneficially entitled to, or having an interest in, a part of the estate of\na deceased person, the Supreme Court may, in its discretion and\nhaving regard to all the circumstances of the case, by order—\n(a) vary a previous order relating to that estate by reducing the\namount of the provision made by that previous order; or\n(b) suspend a previous order relating to that estate for a specified\nperiod; or\n(c) discharge a previous order relating to that estate.\n(3) Subject to this Act, if by a previous order the Supreme Court has\ndirected that provision by way of periodical payments or the benefit\nof the investment of a lump sum be made for a person out of the estate\nof a deceased person, on application made by or on behalf of the\nperson, if the court is satisfied that the provision is not adequate for\nthe proper maintenance, education or advancement in life of the\nperson, the court may, in its discretion and having regard to all the\ncircumstances of the case, by order, vary the previous order by\nincreasing the amount of the provision.\n(4) The applicant for an order under subsection (2) shall cause notice of\nthe application to be served on the person in whose favour the\nprevious order was made.\n(5) If the Supreme Court makes an order under subsection (2), the court\nmay make any further orders that it thinks fit for the purpose of giving\neffect to the order under subsection (2) and any other orders that it\nconsiders just.\n\nSection 10\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Service of application for order under s 8 or s 9A\n(1) If an application has been made to the Supreme Court for an order\nunder section 8 or 9A for or in relation to provision out of the estate\nof a deceased person, the applicant shall cause notice of the\napplication to be served on each person who is an administrator of the\nestate of the deceased person.\n(2) The Supreme Court may—\n(a) on its own initiative and either before or during the hearing of\nan application for an order under section 8 or 9A for or in\nrelation to provision out of the estate of a deceased person; or\n(b) on an application made by the applicant for such an order or by\nthe administrator of the estate of the deceased person;\norder that notice of the application be served on the persons that the\ncourt thinks fit.\n11 Form of order and burden of provision\n(1) An order under section 8 or 9A shall specify the amount and nature\nof the provision (if any) to be made and may specify conditions,\nrestrictions and limitations subject to which the provision is to be\nmade that the Supreme Court thinks fit to impose.\n(2) Unless the Supreme Court otherwise orders, the burden of the\nprovision ordered by the court to be made for the benefit of a person\nshall, subject to subsection (3), be borne between the persons\nbeneficially entitled to the estate of the deceased person (other than\nthe person or persons in whose favour an order or orders under this\nAct is or are made), in proportion to the values of their respective\ninterests in the estate.\n\nSection 12\npage 10 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If persons are successively entitled to estates or interests in any\nproperty that is settled by the will of the deceased person, those\nestates and interests shall not, unless the Supreme Court otherwise\norders, be valued separately but the proportion of the provision\nrequired by subsection (2) to be borne by those persons out of those\nestates and interests shall be raised or charged against the corpus of\nthat property.\n12 Class fund\n(1) Without limiting the powers of the Supreme Court under this Act, the\ncourt may order that an amount specified in the order be set aside out\nof the estate of the deceased person and held on trust as a class fund\nfor the benefit of 2 or more persons specified in the order in whose\nfavour orders for provision out of the estate of the deceased person\nhave been made.\n(2) If an amount is ordered to be held in trust as a class fund, the trustee\nof the fund shall invest so much of the amount as is not applied in\naccordance with this subsection and may, subject to any directions or\nconditions that the Supreme Court gives or imposes, but otherwise as\nthe trustee thinks fit, apply the whole or any part of the income and\ncapital of the fund for or towards the maintenance, education or\nadvancement in life of the persons for whose benefit the class fund is\nheld, or any 1 or more of them to the exclusion of the other or others\nof them in the shares and in the way that the trustee, from time to\ntime, determines.\n(3) If 1 or more of the persons for whose benefit money is held in trust\nas a class fund dies, a reference in subsection (2) to the persons for\nwhose benefit money is held in trust as a class fund is, after the death\nof that person, a reference to the survivor or survivors of those\npersons.\n(4) If an amount is set aside as a class fund, the administrator of the estate\nof the deceased person shall, unless the Supreme Court otherwise\norders, be the trustee of the class fund.\n\nSection 13\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Property subject to power of appointment\n(1) If—\n(a) application is made under section 8 or 9A for an order that\nprovision be made out of the estate of a deceased person; and\n(b) the deceased person has, by will, exercised a general or a special\npower of appointment in respect of property, being a power\nunder which the deceased person was, immediately before\ndeath, entitled to appoint the property to himself or herself; and\n(c) the Supreme Court is satisfied that—\n(i) adequate provision for the person who has made the\napplication cannot justly be made out of other property\nforming part of the estate of the deceased person; or\n(ii) because of the existence of special circumstances, an order\nshould be made that provision be made out of, or charged\non, the property in respect of which the deceased person\nhas exercised the general or special power of appointment;\nthe court may order that provision be made out of, or charged on, the\nproperty in respect of which the deceased person has exercised the\ngeneral or special power of appointment.\n(2) If—\n(a) a testator has power to appoint, by will, any real property in the\nway that he or she thinks fit; and\n\nSection 13\npage 12 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) by will, the testator has made a general devise of his or her real\nproperty or of his or her real property at a particular place, in the\noccupation of a particular person or otherwise described in a\ngeneral way without expressly exercising the power of\nappointment; and\n(c) under the Wills Act 1968, section 26 (2), that general devise is\nto be construed as including the real property over which the\ndeceased person had that power of appointment;\nthe other property forming part of the estate of the deceased person\nreferred to in subsection (1) (c) (i) shall be deemed to include the real\nproperty over which the deceased person had that power of\nappointment.\n(3) If—\n(a) a testator has power to appoint, by will, any personal property in\nthe way that he or she thinks fit;\n(b) by will, the testator has made a general bequest of personal\nproperty or of any class of personal property described in a\ngeneral way without expressly exercising the power of\nappointment; and\n(c) under the Wills Act 1968, subsection 26 (3) that general bequest\nis to be construed as including the personal property over which\nthe deceased person had that power of appointment;\nthe other property forming part of the estate of the deceased person\nreferred to in subsection (1) (c) (i) shall be deemed to include the\npersonal property over which the deceased person had that power of\nappointment.\n\nSection 14\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Presumption of death\nIf the Supreme Court makes an order under section 8 or 9A that\nprovision be made out of the estate of a person of which the court has\ngranted administration on being satisfied by evidence supporting the\npresumption that the person may be presumed to be dead, the court\nmay direct that the provision shall not be made unless the person in\nwhose favour the order is made gives an undertaking or security that\nhe or she will, if the grant of administration is revoked on the ground\nthat the person was living at the time of the grant—\n(a) if he or she has received property other than money under the\norder—restore the property or, at his or her option, pay an\namount equal to the value of the property at the time he or she\nreceives the property to the person whose death was presumed\nor, if that person has subsequently died, to the administrator of\nthe estate of that person; or\n(b) if he or she has received money under the order—pay an amount\nequal to the amount of the money received by him or her under\nthe order to the person whose death was presumed or, if that\nperson has subsequently died, to the administrator of the estate\nof that person.\n15 Exoneration of part of estate from provision\n(1) The Supreme Court may, when making, or at any time after having\nmade, an order under section 8 or 9A, order a person who is entitled\nto a share in the estate of the deceased person as a legatee, devisee or\nbeneficiary to pay a lump sum or periodical payments, or a lump sum\nand periodical payments, to represent, or in commutation of, a\nproportion of the provision ordered to be made for the person in\nwhose favour the order is made that falls on the legatee, devisee or\nbeneficiary, and may exonerate the property or a specified part of the\nproperty to which the legatee, devisee or beneficiary is entitled from\nfurther liability in respect of that provision.\n\nSection 16\npage 14 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the Supreme Court makes an order under subsection (1), the court\nmay direct—\n(a) how a lump sum or periodical payment is to be secured; and\n(b) the person to whom such a lump sum or periodical payment is\nto be made; and\n(c) how (if at all) the lump sum or periodical payment is to be\ninvested for the benefit of the person in whose favour the order\nunder section 8 or 9A has been made.\n16 Operation of order for provision out of estate of deceased\nperson\n(1) Subject to subsection (2), an order under section 8 operates as if it\nwere a codicil to the will of the deceased person executed by the\ndeceased person immediately before death.\n(2) An order under section 8 in relation to property of a deceased person\nwho died intestate operates as a modification of the Administration\nand Probate Act 1929, part 3A in its application to that property.\n18 Certified copy of order\nThe Supreme Court shall, if it makes an order under section 8, 9A or\n15 in relation to the estate of a deceased person, direct that a certified\ncopy of the order be endorsed on, or annexed to, the probate of the\nwill or letters of administration with the will annexed or letters of\nadministration of the estate of the deceased person, as the case may\nbe, and, for that purpose, may require the production of the probate\nor letters of administration.\n\nSection 19\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Permission of court necessary to validity of mortgage,\ncharge or assignment of an interest\nA mortgage, charge or assignment of any kind whatsoever, of or over\nthe provision made, or to be made, by an order under this Act, is of\nno force or effect unless that mortgage, charge or assignment is made\nwith the permission of the Supreme Court.\n20 Property available for provision\n(1) Subject to subsection (2), notwithstanding any distribution of\nproperty forming part of the estate of a deceased person made by the\nadministrator of the estate, the Supreme Court may, in an order under\nsection 8 or 9A in relation to that estate, direct that provision be made\nfor a person out of that property.\n(2) In an order under section 8 or 9A, the Supreme Court shall not direct\nthat provision be made for a person out of any property that has been\nthe subject of a distribution referred to in subsection (1) if—\n(a) the distribution was properly made for the purpose of providing\nfor the proper maintenance, education or advancement in life of\na person who was totally or partially dependent on the deceased\nperson immediately before the death of the deceased person; or\n(b) the distribution was made—\n(i) more than 6 months after the date when administration of\nthe estate was granted; and\n(ii) before the administrator had notice of the application for\nthe order or, if an application was made under section 9 for\nan extension of time within which an application for an\norder under section 8 may be made, the application under\nsection 9;\nand the property that was so distributed has vested in possession\nof any person.\n\nSection 21\npage 16 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Protection of administrator\nAn action does not lie against the administrator of the estate of a\ndeceased person because of his or her having distributed the whole or\nany part of the estate of the deceased person if the distribution was a\ndistribution referred to in section 20 (2) or if—\n(a) the distribution was made before the administrator had notice of\nan application for an order under this Act or notice of an\napplication to extend the time within which an application for\nan order under this Act may be made under this Act; and\n(b) before making the distribution, the administrator had given\nnotice in accordance with the Administration and Probate\nAct 1929, section 64 and the time specified in the notice for\nsending in claims had expired.\n22 Relevance of testator’s reasons\n(1) The Supreme Court shall, in determining an application for an order\nunder section 8 or 9A, have regard to the testator’s reasons, so far as\nthey are ascertainable, for making the dispositions made by will or\nfor not making provision or further provision, as the case may be, for\na person who is entitled to make an application under this Act.\n(2) The Supreme Court may receive in evidence a statement signed by\nthe testator and purporting to bear the date when it was signed and to\nset out reasons for making or not making provision or further\nprovision by the will of the testator for a person as evidence of those\nreasons.\n(3) If a statement of a kind referred to in subsection (2) is received in\nevidence, the Supreme Court shall, in determining what weight (if\nany) ought to be attached to the statement, have regard to all the\ncircumstances from which any inference may reasonably be drawn\nabout the accuracy of the matters referred to in the statement.\n\nDictionary\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• civil partner\n• civil union partner\n• person (see s 160)\n• public trustee and guardian\n• Supreme Court.\nadministration means probate, granted in the ACT, of the will of a\ndeceased person or letters of administration, granted in the ACT, of\nthe estate of a deceased person, whether with or without a will\nannexed, and whether granted for general, special or limited\npurposes, and includes an order to collect and administer the estate of\na deceased person granted to the public trustee and guardian.\nadministrator, in relation to the estate of a deceased person, means a\nperson to whom administration has been granted in respect of the\ndeceased person.\ndeceased person includes a person in respect of whose estate there\nhas been made a grant of administration expressed to be made on\npresumption of the death of the person.\nintestate—see the Administration and Probate Act 1929,\nsection 44 (1).\nwill includes a codicil.\n\nEndnotes\n1 About the endnotes\npage 18 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Family Provision\nOrdinance 1969 No 41 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s\n5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nLegislation before becoming Territory enactment\nFamily Provision Act 1969 A1969-15\nnotified 14 August 1969\ncommenced 1 September 1969 (Cwlth Gaz 1969)\nas amended by\nOrdinances Revision Ordinance 1978 Ord1978-46 sch 2\nnotified 28 December 1978\ncommenced 28 December 1978\nFamily Provision (Amendment) Ordinance 1981 Ord1981-38\nnotified 30 October 1981\ncommenced 30 October 1981\nPublic Trustee (Miscellaneous Amendments) Ordinance 1985\nOrd1985-9 sch 2\nnotified 8 March 1985\ncommenced 28 October 1985 (Cwlth Gaz 1985 No G42)\nFamily Provision (Amendment) Ordinance 1989 Ord1989-18\nnotified 22 March 1989\ncommenced 24 March 1989 (Cwlth Gaz 1989 No S101)\n\nEndnotes\n3 Legislation history\npage 20 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nFamily Provision (Amendment) Act 1996 A1996-16\nnotified 1 May 1996 (Gaz 1996 No S71)\ncommenced 1 May 1996 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 141\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 141 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.7\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.7 commenced 22 March 2004 (s 2 and CN2004-4)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.14\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.14 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93).\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.43\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.43 commenced 12 April 2007 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.12\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.12 commenced 19 May 2008 (s 2 and CN2008-8)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.14\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.14 commenced 11 September 2012 (s 2)\n\nEndnotes\nLegislation history 3\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.6\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.6 commenced 14 May 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 pt 4\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\npt 4 commenced 17 November 2014 (s 2)\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.22\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.22 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 9\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 9 commenced 17 December 2021 (s 2 (1))\nJustice and Community Safety Legislation Amendment\nAct 2023 (No 3) A2023-57 pt 8\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 8 commenced 12 December 2023 (s 2 (1))\n\nEndnotes\n4 Amendment history\npage 22 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.234\nDictionary\ns 2 om A2001-44 amdt 1.1619\nins A2007-3 amdt 3.236\nNotes\ns 3 om Ord1978-46 sch 2\nins A2007-3 amdt 3.236\nSealing of probate etc granted outside ACT\ns 4 defs reloc to dict A2007-3 amdt 3.235\nsub A2007-3 amdt 3.236\ndef court ins A1996-16 sch\nom R3 LA\ndef domestic partner ins A1996-16 s 5\nom A2004-2 amdt 1.24\ndef domestic relationship ins A1996-16 s 5\nom A2004-2 amdt 1.24\ndef eligible partner ins A1996-16 s 5\nom A2004-2 amdt 1.24\ndef legal spouse ins A1996-16 s 5\nom A2004-2 amdt 1.24\ndef spouse ins A1996-16 s 5\nom A2004-2 amdt 1.24\ndef the court om A1996-16 sch\nApplication of Act\ns 5 am Ord1981-38 sch; A1996-16 sch\nom A2007-3 amdt 3.237\nTransitional provisions\ns 6 am Ord1981-38 sch; A1996-16 sch\nom A2007-3 amdt 3.237\nEligibility\ns 7 am Ord1981-38 s 4, sch; Ord1989-18 s 4; A1996-16 s 6;\nA2004-2 amdts 1.25-1.27; A2006-22 amdts 1.60-1.63\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93)); A2007-3 amdt 3.238; A2008-14\namdt 1.35; am A2012-40 amdt 3.53; A2023-57 s 20\n\nEndnotes\nAmendment history 4\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFamily provision orders\ns 8 am Ord1981-38 s 5; A1996-16 s 7; A2006-22 amdt 1.64\n(A2006-22 rep before commenced by disallowance (see\nCwlth Gaz 2006 No S93))\nTime for making application under s 8 (1)\ns 9 am Ord1981-38 s 6; A1996-16 sch; A2014-17 amdt 1.24\nVariation, suspension and discharge of orders\ns 9A ins Ord1981-38 s 7\nam A1996-16 sch; A2007-3 amdt 3.239\nService of application for order under s 8 or s 9A\ns 10 am Ord1981-38 s 8\nForm of order and burden of provision\ns 11 am Ord1981-38 s 9\nClass fund\ns 12 am Ord1981-38 s 10; A1996-16 sch\nProperty subject to power of appointment\ns 13 am Ord1981-38 s 11; A1996-16 sch\nPresumption of death\ns 14 am Ord1981-38 s 12; A1996-16 sch\nExoneration of part of estate from provision\ns 15 am Ord1981-38 s 13\nOperation of order for provision out of estate of deceased person\ns 16 am Ord1981-38 s 14, sch; A1996-16 sch\nDischarge, variation etc of order\ns 17 om Ord1981-38 s 15\nCertified copy of order\ns 18 am Ord1981-38 s 16\nProperty available for provision\ns 20 sub Ord1981-38 s 17\nam A2014-49 s 14\nProtection of administrator\ns 21 am Ord1981-38 s 18, sch; A1996-16 sch; A2021-33 s 17\nRelevance of testator’s reasons\ns 22 am Ord1981-38 s 19; A1996-16 sch\n\nEndnotes\n4 Amendment history\npage 24 Family Provision Act 1969\nEffective: 12/12/23\nR12\n12/12/23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\ndict ins A2007-3 amdt 3.240\nam A2012-40 amdt 3.54; A2016-13 amdt 1.63\ndef administration am Ord1985-9 sch 2; A1996-16 sch\nreloc from s 4 A2007-3 amdt 3.235\ndef administrator reloc from s 4 A2007-3 amdt 3.235\nam A2016-13 amdt 1.64\ndef deceased person reloc from s 4 A2007-3 amdt 3.235\ndef intestate am Ord1981-38 s 3, sch\nreloc from s 4 A2007-3 amdt 3.235\ndef will reloc from s 4 A2007-3 amdt 3.235\n\nEndnotes\nEarlier republications 5\nR12\n12/12/23\nFamily Provision Act 1969\nEffective: 12/12/23\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-18 31 July 1991\n2 A1996-16 31 January 1998\n3 A2001-44 4 April 2002\n4 A2004-2 22 March 2004\n5 A2007-3 12 April 2007\n6* A2008-14 19 May 2008\n7 A2012-40 11 September 2012\n8 A2014-17 14 May 2014\n9 A2014-49 17 November 2014\n10 A2016-13 1 April 2016\n11 A2021-33 17 December 2021\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1969 legislation was framed around a traditional nuclear-family model of spouses, children and parents. Subsequent amendments expanded the scope of 'eligible' applicants to expressly include domestic partners (including same-sex relationships meeting the two-year cohabitation or parent-of-child test), refined maintenance thresholds for step-relations and grandchildren, and integrated modern definitions of 'partner' and 'domestic relationship', thereby widening the Act's reach beyond its initial purpose while retaining the core adequate-provision test."},"complexity_factors":["Layered eligibility tests with multiple conditional exceptions in s 7(2)-(4) and (7) for stepchildren, grandchildren and parents","Broad discretionary test in s 8(2) requiring the court to be 'satisfied' after weighing 11 distinct criteria in s 8(3)(a)-(k), including an open-ended 'any other matter' paragraph","Procedural overlays in ss 9, 9A and 10 governing strict 6-month time limits (with extension powers), service requirements, variation/suspension of existing orders and notice to all administrators","Technical provisions on class funds (s 12), powers of appointment (s 13), presumption of death undertakings (s 14), exoneration of specific beneficiaries (s 15) and interaction with distribution rules (s 20)","Frequent cross-references to the Administration and Probate Act 1929, Domestic Relationships Act 1994, Wills Act 1968 and Legislation Act 2001"],"plain_english_summary":"**The Family Provision Act 1969** lets certain close family members of a person who has died in the Australian Capital Territory ask the Supreme Court to give them a fair share from the deceased's estate (the property, money and belongings left behind).\n\nIt applies when a will or the standard intestacy rules (the automatic way property is divided if there is no will) do not provide enough for the applicant's **proper maintenance, education or advancement in life**. Eligible people include:\n\n- A partner (spouse, civil partner or domestic partner who lived with the deceased for 2+ years or is the parent of their child)\n- A child\n- A stepchild (only if the deceased was supporting them just before death)\n- A grandchild (only in specific cases where their own parent has died or they were being supported by the deceased and not a parent)\n- A parent (only if they were being supported by the deceased or the deceased left no partner or children)\n\nThe court must weigh a list of factors (such as the length and nature of the relationship, each person's finances and needs, contributions to the household, and the deceased's own stated reasons for their will) before deciding whether to make an order. Orders can adjust how the estate is divided, set up a shared 'class fund' for multiple people, or vary earlier orders. The law exists to stop vulnerable family members from being left without reasonable support, even if the deceased tried to exclude them."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as republished reflects amendments made over time that broadened and adjusted scope and procedure. The amendment history shows multiple post‑1969 changes (see endnotes: legislation history and amendment history). Notable scope changes in the text include expanded definitions and eligibility tests (partners, domestic relationships and related definitions referenced to the Domestic Relationships Act) and procedural additions such as variation/suspension powers (s 9A), class fund machinery (s 12), and interaction with powers of appointment (s 13). These additions alter who can apply, the remedies available to the Court, and procedural protections for administrators compared with the original ordinance framework (see endnotes 3–4 for the sequence of amendments)."},"complexity_factors":["Multiple eligibility classes with conditional qualifications (s 7(1)–(4), (7)–(9))","Broad judicial discretion with many listed decision factors (s 8(2)–(3); s 9A)","Time limits with express exceptions and extension powers (s 9(1)–(4))","Interaction with other statutes and estate instruments (Wills Act, Administration and Probate Act, Domestic Relationships Act referenced in ss 7, 13, 16)","Mechanisms for complex remedies (class funds (s 12), charging property subject to power of appointment (s 13), exoneration and security (s 15, s 14))","Procedural requirements and protections for administrators (service and notice—s 10, s 21; endorsement of orders—s 18)","Restrictions on alienation of ordered provision (court permission required—s 19)","Potential multiplicity of applications (single applicant may represent a class—s 8(4))","Discharge, variation, suspension and increase powers requiring ongoing oversight (s 9A)","Default allocation of financial burden among beneficiaries with proportional valuation rules (s 11(2)–(3))"],"plain_english_summary":"## What this law does, who it affects, and how it works\n\n- Purpose and mechanical effect: The Act lets certain people apply to the Supreme Court for money or other provision from a deceased person's estate when the will (or intestacy rules) do not make adequate provision for them (s 1; s 8). If the court is satisfied that adequate provision is not available, it may order the estate to provide for the applicant in whatever amount and form the court considers fit (s 8(1)–(3)).\n\n- Who can apply: The classes entitled to apply are set out in the Act: partners (including spouses, civil partners, or domestic partners meeting the statutory test), people in a qualifying domestic relationship of 2+ years, children, stepchildren (only if maintained immediately before death), grandchildren (only in specified maintenance or predeceased-parent situations), and parents (subject to maintenance or absence of nearer relatives) (s 7(1)–(4), (7)–(9)).\n\n- How eligibility for maintenance is judged: The Act defines when a person is regarded as having been \"maintained\" by the deceased: by an enforceable maintenance order, by non‑nominal contributions (including under a written agreement), or where a court would have power to order maintenance if the deceased were alive (s 7(7)).\n\n- Timing and procedure to bring an application: An application must normally be started within 6 months after administration of the estate is granted (s 9(1)). The Supreme Court can extend that time (s 9(2)–(3)), but not after the estate has been lawfully and fully distributed (s 9(4)). An applicant must serve notice on the estate administrator, and the court may require other people to be served (s 10).\n\n- Decision criteria and judicial discretion: The Court decides whether to make an order using a list of objective factors (character and conduct of applicant, nature and duration of relationship, financial and non‑financial contributions, income and resources of applicant and deceased, capacity for employment, needs and obligations, and any other relevant matter) (s 8(3)). The Court has broad discretion to impose conditions and specify the amount and form of provision (s 11(1)).\n\n- Who bears the cost of a provision ordered: Unless the Court orders otherwise, the financial burden of any provision ordered is borne by the persons beneficially entitled to the estate (other than the applicant) in proportion to the value of their respective interests (s 11(2)–(3)). This means the economically liable parties are the residuary or named beneficiaries, who may have to contribute in proportion to their shares.\n\n- Practical tools and limits the Court can use: The Court can: order lump sums or periodical payments; set aside and direct a trustee to hold a class fund for several applicants (with the administrator normally acting as trustee unless the Court orders otherwise) (s 12(1), (2), (4)); order part of estate property to be charged or exonerated in whole or part (s 15); and, where a will exercised a power of appointment, charge property over which the deceased had such a power (s 13).\n\n- Interaction with wills and intestacy: An order under the Act operates as if it were a codicil executed by the deceased immediately before death (so it changes the effective disposition of the estate) (s 16(1)). For intestate estates the order modifies the application of the Administration and Probate Act to that property (s 16(2)). A certified copy of any order must be endorsed on or annexed to probate or letters of administration (s 18).\n\n- Limits on assigning or encumbering ordered provision: Any mortgage, charge or assignment over provision made by the Court is invalid unless the Supreme Court gives permission (s 19). That restricts beneficiaries’ ability to encumber their ordered benefit without Court approval.\n\n- Property already distributed and protection for administrators: The Court may direct provision out of property even after the administrator has distributed it, except where distributions were properly made to provide for dependants or where the distribution was made more than 6 months after administration and before notice of an application and the distributed property has vested (s 20). An administrator is protected from actions if they distributed in accordance with s 20(2) or before receiving notice and after proper public notice for claims expired (s 21).\n\n- Special procedural points: The Court can vary, suspend or discharge previous orders (on application by an administrator or an interested person) and can increase ordered payments where they have become inadequate (s 9A). If an order was made on a presumption of death, the Court may require the person who received provision to give security or an undertaking to repay if the presumption turns out to be false (s 14).\n\n- Testator’s stated reasons: The Court may consider the testator’s reasons for their will or lack of provision; it may admit a signed statement by the testator as evidence but must weigh its reliability given all circumstances (s 22).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Residuary and other beneficiaries (other than the applicant) are normally required to contribute pro rata to meet court‑ordered provision (s 11(2)). The estate itself funds any ordered provision until distributed according to the order (s 8; s 16).\n- Who decides: The Supreme Court has primary decision‑making power on eligibility, adequacy of provision, the amount and form of provision, and secondary matters such as variations, security, trusteeship of class funds, and permission to encumber ordered benefits (s 8; s 9A; s 11; s 12; s 14; s 19).\n- Behaviour changes incentivised: Potential applicants face a 6‑month filing window (s 9), so claimants and advisors may move quickly after administration. Administrators must be alert to service and notice requirements (s 10, s 21) and may prefer to delay distributions only after allowing the statutory notice period to expire. Beneficiaries who expect to receive a share may face the risk of being required to contribute to provision for eligible applicants, which creates an incentive for beneficiaries to monitor estate administration and contest applications where appropriate (s 11(2)).\n\nCosts, trade‑offs and implementation risks (source‑grounded)\n\n- Judicial discretion vs certainty: The Court’s broad discretionary powers (s 8(1)–(3); s 9A) allow individualized orders but create uncertainty for testators, administrators and beneficiaries about the final distribution.\n- Concentrated benefits, diffuse costs: Applicants (a relatively small and defined group under s 7) may receive direct, concentrated benefits, which are borne proportionally by multiple beneficiaries (s 11(2)), spreading the cost across those parties.\n- Compliance burden and timing risk: Applicants must act within statutory time limits (s 9), and administrators must observe notice and service rules (s 10, s 21). Failure to manage these procedural steps can affect rights to recover or can shield administrators from later actions (s 21).\n- Limits on private contracting over orders: The requirement that any encumbrance of an ordered provision have Court permission (s 19) limits beneficiaries’ ability to privately assign or mortgage their ordered benefits without court oversight.\n- Implementation roles and potential conflicts: The Court may make the administrator trustee of any class fund (s 12(4)), placing the administrator in a fiduciary role in relation to beneficiaries who may also be estate claimants; the Act allows the Court to order otherwise, but the statutory default assigns that responsibility to the administrator.\n\nPractical takeaways\n\n- If you think you are eligible, act promptly: applications are usually expected within 6 months of administration being granted (s 9).\n- Administrators should follow notice rules: distributions made without proper notice or before expiry of claim periods can be protected, but distributions after notice may still be brought back under limited circumstances (s 20, s 21).\n- Wills can be altered in effect by Court orders: an order operates like a codicil (s 16), so testators’ dispositions are not absolute where the Act’s eligibility and adequacy tests are met (s 8).\n\nSource passages relied on: sections 1, 4, 7–13, 14–16, 18–22; timing and procedure provisions in sections 9–11 and 20–21."}},"importantCases":[],"_links":{"self":"/api/acts/family-provision-act-1969","history":"/api/acts/family-provision-act-1969/history","analysis":"/api/acts/family-provision-act-1969/analysis","conflicts":"/api/acts/family-provision-act-1969/conflicts","importantCases":"/api/acts/family-provision-act-1969/important-cases","documents":"/api/acts/family-provision-act-1969/documents"}}