{"id":"family-provision-act-1970","name":"Family Provision Act 1970","slug":"family-provision-act-1970","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30090,"registerId":"nt-family-provision-act-1970-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Provision Act 1970","content":"NORTHERN TERRITORY OF AUSTRALIA\nFAMILY PROVISION ACT 1970\nAs in force at 17 March 2004\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Repeal ............................................................................................. 1\n4 Definitions ........................................................................................ 1\n5 Application of Act ............................................................................. 2\n6 Transitional provisions ..................................................................... 2\n7 Persons entitled to apply, &c. .......................................................... 3\n8 Persons entitled may obtain order for proper maintenance,\n&c., out of the estate of the deceased person ................................. 4\n9 Time within which application is to be made .................................... 5\n10 Service of application ...................................................................... 5\n11 Form of order ................................................................................... 6\n12 Class fund........................................................................................ 6\n13 Property subject to power of appointment ....................................... 7\n14 Presumption of death ...................................................................... 8\n15 Exoneration of Act under this part of estate from provision ............. 9\n16 Operation of order for provision out of estate of deceased\nperson ............................................................................................. 9\n17 Discharge, variation, &c., of order ................................................... 9\n18 Certified copy of order ................................................................... 10\n19 Permission of Court necessary to validity of mortgage, charge\nor assignment of an interest .......................................................... 10\n20 Court may order provision to be made out of property\ndistributed ...................................................................................... 10\n21 Protection of administrator ............................................................. 11\n22 The Court may have regard to the testator's reasons .................... 11\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 17 March 2004\n____________________\nFAMILY PROVISION ACT 1970\nAn act to ensure that the family of a deceased person receives adequate\nprovision out of his estate\n1 Short title\nThis Act may be cited as the Family Provision Act 1970.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Repeal\nThe Testator's Family Maintenance Ordinance 1929 and the\nTestator's Family Maintenance Ordinance 1931 are repealed.\n4 Definitions\n(1) In this Act unless the contrary intention appears:\nAboriginal means a person who is a member of the aboriginal race\nof Australia.\nadministration means probate, granted in the Territory, of the will\nof a deceased person or letters of administration, granted in the\nTerritory, of the estate of a deceased person, whether with or\nwithout a will annexed, and whether granted for general, special or\nlimited purposes and includes an order to collect and administer the\nestate of a deceased person granted to the Curator of Deceased\nEstates or the Public Trustee.\nadministrator, in relation to the estate of a deceased person,\nmeans a person to whom administration has been granted in\nrespect of the deceased person.\ndeceased person includes a person in respect of whose estate\nthere has been made a grant of administration expressed to be\nmade on presumption of the death of the person.\n\nFamily Provision Act 1970 2\nintestate has the same meaning as in section 61(1) of the\nAdministration and Probate Act 1969.\nthe Court means the Supreme Court.\nwill includes a codicil.\n(2) Where probate of a will or letters of administration of an estate\ngranted outside the Territory is sealed with the seal of the Court in\npursuance of section 111 of the Administration and Probate\nAct 1969, the probate as so sealed or the administration as so\nsealed, as the case requires, shall be of the will, or letters of\nadministration of the estate granted in the Territory on the date on\nwhich it was so sealed.\n5 Application of Act\n(1) Subject to this section, this Act applies in relation to the estates of\nall deceased persons, including a person who dies before the\ncommencement of this Act.\n(2) Where the whole or any part of the estate of a deceased person\nhas been lawfully distributed before the commencement of this Act,\na person is not entitled to make application under this Act for\nprovision out of that estate or the part of the estate that has been so\ndistributed, as the case may be, unless he would have been entitled\nto make an application for provision out of the estate or that part of\nthe estate under the Testator's Family Maintenance\nOrdinance 1929 if that Ordinance had continued in force.\n6 Transitional provisions\n(1) An order made by the Court under the Testator's Family\nMaintenance Ordinance 1929 that was in force immediately before\nthe commencement of this Act continues in force and has effect as\nif it were an order made under this Act.\n(2) Proceedings instituted under the Testator's Family Maintenance\nOrdinance 1929 that were pending immediately before the\ncommencement of this Act shall be deemed, on and after the date\nof commencement of this Act, to have been instituted under this Act\nand this Act applies to and in relation to those proceedings.\n(3) Where an appeal has been or is instituted from a judgment of the\nCourt in proceedings instituted under the Testator's Family\nMaintenance Ordinance 1929 and the appeal has not been finally\ndisposed of before the commencement of this Act, the Testator's\nFamily Maintenance Ordinance 1929 continues to apply to and in\nrelation to that appeal.\n\nFamily Provision Act 1970 3\n7 Persons entitled to apply, &c.\n(1) Subject to this section, each of the following persons is entitled to\nmake application to the Court for provision out of the estate of a\ndeceased person:\n(a) a spouse or de facto partner of the deceased person;\n(b) a former spouse or de facto partner of the deceased person;\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 person, being:\n(a) a former spouse or de facto partner of a deceased person; or\n(b) a stepchild of a deceased person,\nis not entitled to make an application to the Court for provision out\nof the estate of the deceased person unless the person was\nmaintained by the deceased person immediately before his or her\ndeath.\n(3) A grandchild of a deceased person is not entitled to make an\napplication to the 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) one or both of the parents of the grandchild was or were alive\nat the date of the death of the deceased person and the\ngrandchild was not maintained by that parent or by either of\nthose parents immediately before the death of the deceased\nperson.\n(4) A parent of a deceased person is not entitled to make an\napplication to the Court for provision out of the estate of the\ndeceased person unless:\n(a) the parent was maintained by the deceased person\nimmediately before his death; or\n(b) the deceased person was not survived by a spouse or\nde facto partner or any of the children of the deceased person.\n\nFamily Provision Act 1970 4\n(7) For the purposes of this section, a person shall not be regarded as\nhaving been maintained by the deceased person immediately\nbefore his death 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\nthe other person;\n(b) the deceased person was, at that time, whether under an\nagreement in writing or otherwise, maintaining that other\nperson or making a contribution to the maintenance of that\nother person, being a contribution that, in all of the\ncircumstances, can be regarded as other than a nominal\ncontribution; 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 the purposes of this section, a child of the deceased person\nborn alive after the death of that person shall be regarded as having\nbeen born before the death of the deceased person.\n8 Persons entitled may obtain order for proper maintenance, &c.,\nout of the estate of the deceased person\n(1) Subject to this Act, upon application made by or on behalf of a\nperson entitled to apply to the Court under section 7, if the Court is\nsatisfied that adequate provision is not available, under the terms of\nthe will of a deceased person or under the law applicable on the\ndeath of the person as an intestate or under the will and that law,\nfrom the estate of the deceased person for the proper maintenance,\neducation and advancement in life of the person by whom, or on\nwhose behalf the application is made, the Court may, in its\ndiscretion and having regard to all the circumstances of the case,\norder that such provision as the Court thinks fit be made out of the\nestate of the deceased person.\n(2) In considering the adequacy of the provision available from the\nestate of the deceased person for a person who has made\napplication for provision out of the estate of the deceased person,\nthe Court shall regard any benefits conferred upon that person or\nanother person by the exercise, whether expressly or otherwise, by\nthe deceased person by his will of a general or special power of\nappointment as forming part of the provision available from the\nestate of the deceased person for the person upon whom those\nbenefits are conferred.\n\nFamily Provision Act 1970 5\n(3) The Court may refuse to make an order in favour of a person\nwhose character is such, or whose conduct is or has been such, as,\nin the opinion of the Court, disentitles him to the benefit of an order.\n(4) The Court may regard an application for provision out of the estate\nof a deceased person by one person as an application made on\nbehalf of all the persons entitled to make applications for provision\nout of the estate of the deceased person.\n9 Time within which application is to be made\n(1) Subject to subsection (2), an application for an order under\nsection 8 shall be made within a period of 12 months after the date\non which administration in respect of the estate of the deceased\nperson has been granted.\n(2) The Court may, after hearing such of the persons affected as the\nCourt thinks necessary, extend the time within which an application\nmay be made under section 8.\n(3) An extension of time in pursuance of this section may be granted:\n(a) upon such conditions as the Court thinks fit; and\n(b) whether or not the time for making an application has expired.\n(4) An application for the extension, under this section, of the time\nwithin which an application for provision out of the estate of the\ndeceased person may be made under section 8 may not be made\nafter the estate of a deceased person has been lawfully and fully\ndistributed.\n(5) An application for provision out of the estate of a deceased person\nshall, for the purposes of this section, be deemed to have been\nmade on the day upon which the notice of motion or other\ndocument instituting the application is filed.\n10 Service of application\n(1) Where an application has been made to the Court for provision out\nof the estate of a deceased person, the applicant shall cause notice\nof the application to be served on each person who is an\nadministrator of the estate of the deceased person.\n(2) The Court may:\n(a) of its own motion and either before or during the hearing of an\napplication for an order for provision out of the estate of a\ndeceased person; or\n\nFamily Provision Act 1970 6\n(b) on an application made by the applicant for such an order or\nby the administrator of the estate of the deceased person,\norder that notice of the application be served on such persons as\nthe Court thinks fit.\n11 Form of order\n(1) An order under section 8 shall specify the amount and nature of the\nprovision to be made for the person in whose favour the order is\nmade and may specify such conditions, restrictions and limitations\nsubject to which the provision is to be made as the Court thinks fit\nto impose.\n(2) Unless the Court otherwise orders, the burden of the provision\nordered by the Court to be made for the benefit of a person shall,\nsubject to subsection (1), be borne between the persons\nbeneficially entitled to the estate of the deceased person (other\nthan the person or persons in whose favour an order or orders\nunder this Act is or are made), in proportion to the values of their\nrespective interests in the estate.\n(3) Where persons are successively entitled to estates or interests in\nany property that is settled by the will of the deceased person,\nthose estates and interests shall not, unless the Court otherwise\norders, be valued separately but the proportion of the provision\nrequired by subsection (2) to be borne by those persons out of\nthose estates and interests shall be raised or charged against the\ncorpus of that property.\n12 Class fund\n(1) Without limiting the powers of the Court under this Act, the Court\nmay order that an amount specified in the order be set aside out of\nthe 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) Where an amount is ordered to be held in trust as a class fund, the\ntrustee of the fund shall invest so much of the amount as he does\nnot apply in accordance with this subsection and may, subject to\nsuch directions or conditions as the Court gives or imposes, but\notherwise as he thinks fit, apply the whole or any part of the income\nand capital of the fund for or towards the maintenance, education or\nadvancement in life for the benefit of the persons for whose benefit\nthe class fund is held, or any one or more of them to the exclusion\nof the other or others of them in such shares and in such manner as\nthe trustee, from time to time determines.\n\nFamily Provision Act 1970 7\n(3) Where one or more of the persons for whose benefit moneys are\nheld in trust as a class fund dies, a reference in subsection (3) to\nthe persons for whose benefit moneys are held in trust as a class\nfund shall, after the death of that person, be read as a reference to\nthe survivor or survivors of those persons.\n(4) Where an amount is set aside as a class fund, the administrator of\nthe estate of the deceased person shall, unless the Court otherwise\norders, be the trustee of the class fund.\n13 Property subject to power of appointment\n(1) Where:\n(a) application is made under section 8 for an order that provision\nbe made out of the estate of a deceased person;\n(b) the deceased person has, by his will, exercised a general or a\nspecial power of appointment in respect of property, being a\npower under which the deceased person was, immediately\nbefore his death, entitled to appoint the property to himself;\nand\n(c) the 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) by reason of the existence of special circumstances, an\norder should be made that provision be made out of, or\ncharged on, the property in respect of which the\ndeceased person has exercised the general or special\npower of appointment,\nthe Court may order that provision be made out of, or charged on,\nthe property in respect of which the deceased person has exercised\nthe general or special power of appointment.\n(2) Where:\n(a) a testator has power to appoint, by will, any real property in\nsuch manner as he thinks fit;\n(b) by his will he has made a general devise of his real property or\nof his real property at a particular place, in the occupation of a\nparticular person or otherwise described in a general manner\nwithout expressly exercising the power of appointment; and\n\nFamily Provision Act 1970 8\n(c) by virtue of section 35 of the Wills Act 2000 that general\ndevise is to be construed as including the real property over\nwhich the 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\nreal property over which the deceased person had that power of\nappointment.\n(3) Where:\n(a) a testator has power to appoint, by will, any personal property\nin such manner as he thinks fit;\n(b) by his will, he has made a general bequest of his personal\nproperty or of any class of personal property described in a\ngeneral manner without expressly exercising the power of\nappointment; and\n(c) by virtue of section 35 of the Wills Act 2000, that general\nbequest is to be construed as including the personal property\nover which the deceased person had that power of\nappointment,\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\nof appointment.\n14 Presumption of death\nWhere the Court makes an order under section 8 for provision to be\nmade out of the estate of a person of which the Court has granted\nadministration upon being satisfied by evidence supporting the\npresumption that the person may be presumed to be dead, the\nCourt may direct that the provision shall not be made unless the\nperson in whose favour the order is made gives an undertaking or\nsecurity that he will, if the grant of administration is revoked on the\nground that the person was living at the time of the grant:\n(a) where he has received property other than money under the\norder, restore the property or, at his option, pay an amount\nequal to the value of the property at the time he received the\nproperty to the person whose death was presumed or, if that\nperson has subsequently died, to the administrator of the\nestate of that person; or\n\nFamily Provision Act 1970 9\n(b) Where he has received money under the order, pay an\namount equal to the amount of the money received by him\nunder the order to the person whose death was presumed or,\nif that person has subsequently died, to the administrator of\nthe estate of that person.\n15 Exoneration of Act under this part of estate from provision\n(1) The Court may, when making an order under section 8 or at any\ntime after having made an order under that section, order a person\nwho is entitled to a share in the estate of the deceased person as a\nlegatee, devisee or beneficiary to pay a lump sum or periodical\npayments, or a lump sum and periodical payments, to represent, or\nin commutation of, such proportion of the provision ordered to be\nmade for the person in whose favour the order is made as falls\nupon the legatee, devisee or beneficiary, and may exonerate the\nproperty or a specified part of the property to which the legatee,\ndevisee or beneficiary is entitled from further liability in respect of\nthat provision.\n(2) Where the Court makes an order under subsection (1), the Court\nmay direct:\n(a) the manner in which a lump sum or periodical payment is to\nbe secured;\n(b) the person to whom such a lump sum or periodical payment is\nto be made; and\n(c) in what manner, if any, the lump sum or periodical payment is\nto be invested for the benefit of the person in whose favour the\norder under section 8 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 his death.\n(2) An order under section 8 in relation to property of a deceased\nperson who died intestate operates as a modification of the\nprovisions of Division 4 of Part III of the Administration and Probate\nAct 1969 in their application to that property.\n17 Discharge, variation, &c., of order\n(1) Subject to this section, the Court may, at any time and from time to\ntime, upon application made by the administrator of the estate of\nthe deceased person, or by any person beneficially entitled to, or\n\nFamily Provision Act 1970 10\ninterested in, a part of the estate of the deceased person,\ndischarge, vary or suspend an order made by it under section 8 or\nany other order made by it under this Act.\n(2) Where the Court has ordered periodical payments, or has ordered\nthat a lump sum be invested for the benefit of a person, the Court\nmay, if it is satisfied, on an application made by the administrator of\nthe estate of the deceased person or by any person beneficially\nentitled to, or interested in, a part of the estate of the deceased\nperson, that the person for whose benefit the order was made has\notherwise become possessed of or entitled to means for his proper\nmaintenance, education or advancement in life, discharge, vary or\nsuspend its order or make such other order as is just in the\ncircumstances.\n(3) An order shall not be made under subsection (1) increasing a\nprovision made by an order under this Act.\n(4) Notice of an application to the Court under this section shall be\nserved on each person who takes a benefit under the order sought\nto be discharged, varied or suspended.\n18 Certified copy of order\nThe Court shall, where it makes an order for provision out of the\nestate of a deceased person, an order under section 15 or 17,\ndirect that a certified copy of the order be endorsed on, or annexed\nto, the probate of the will or letters of administration with the will\nannexed or letters of administration of the estate of the deceased\nperson, as the case may be, and, for that purpose, may require the\nproduction of the probate or letters of administration.\n19 Permission of Court necessary to validity of mortgage, charge\nor assignment of an interest\nA mortgage, charge or assignment of any kind whatsoever, of or\nover the provision made, or to be made, by an order under this Act,\nis of no force or effect unless that mortgage, charge or assignment\nis made with the permission of the Court.\n20 Court may order provision to be made out of property\ndistributed\n(1) Notwithstanding any distribution of the property of the deceased\nperson made by the administrator of the estate of the deceased\nperson before the administrator had notice of an application for an\norder under section 8 made within 12 months after the date on\nwhich administration was granted, the Court may, subject to\nsubsection (2), order that provision be made under this Act out of\nany property of the deceased person that has been so distributed.\n\nFamily Provision Act 1970 11\n(2) The Court shall not make an order under subsection (1) if the\nmaking of that order would affect or disturb a distribution that was a\nproper distribution made for the purpose of providing for the\nmaintenance, education or advancement in life of a person who\nwas totally or partially dependent on the deceased person\nimmediately before his death.\n21 Protection of administrator\nAn action does not lie against the administrator of the estate of a\ndeceased person by reason of his having distributed the whole or\nany part of the estate of the deceased person if the distribution was\na distribution referred to in section 20(2) or if:\n(a) the distribution was made before the administrator had notice\nof an application for an order under this Act or notice of an\napplication to extend the time within which such an application\nmay be made under this Act; and\n(b) before making the distribution, the administrator had given\nnotices in accordance with section 96 of the Administration\nand Probate Act 1969 and the time specified in the notices or\nin the last of the notices for sending in claims had expired.\n22 The Court may have regard to the testator's reasons\n(1) The Court shall, in determining an application for an order under\nsection 8, have regard to the testator's reasons, so far as they are\nascertainable, for making the dispositions made by his will, or for\nnot making provision or further provision, as the case may be, for a\nperson who is entitled to make an application under this Act.\n(2) The Court may receive in evidence a statement signed by the\ntestator and purporting to bear the date on which it was signed and\nto set out reasons for making or not making provision or further\nprovision by the will of the testator for a person as evidence of\nthose reasons.\n(3) Where a statement of a kind referred to in subsection (2) is\nreceived in evidence, the 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\nconcerning the accuracy of the matters referred to in the statement.\n\nENDNOTES\nFamily Provision Act 1970 12\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nFamily Provision Ordinance 1970 (Act No. 10, 1970)\nAssent date 8 April 1970\nCommenced 17 March 1971 (Gaz No. 9, 3 March 1971, p 79)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nStatus of Children Act 1978 (Act No. 16, 1979)\nAssent date 26 January 1979\nCommenced 21 September 1979 (Gaz G38, 21 September 1979, p 1)\n\nENDNOTES\nFamily Provision Act 1970 13\nFamily Provision Act 1979 (Act No. 36, 1979)\nAssent date 27 April 1979\nCommenced 3 December 1979 (s 2, s 2 Administration and Probate Act\n1979 (Act No. 38, 1979) and Gaz S25, 28 November 1979)\nAmending Legislation\nStatute Law Revision Act (No. 3) 1979 (Act No. 37, 1980)\nAssent date 24 April 1980\nCommenced 24 April 1980\nFamily Provision Amendment Act 1980 (Act No. 10, 1981)\nAssent date 9 January 1981\nCommenced 20 February 1981 (Gaz G7, 20 February 1981, p 7)\nStatute Law Revision Act (No. 2) 1981 (Act No. 63, 1981)\nAssent date 20 July 1981\nCommenced 20 July 1981\nStatute Law Revision Act (No. 4) 1981 (Act No. 4, 1982)\nAssent date 12 February 1982\nCommenced 12 February 1982\nDe Facto Relationships (Miscellaneous Amendments) Act 1991 (Act No. 82, 1991)\nAssent date 24 December 1991\nCommenced 1 January 1992 (s 2)\nFamily Provision Amendment Act 2000 (Act No. 60, 2000)\nAssent date 14 November 2000\nCommenced 1 March 2001 (s 2, s 2 Wills Act 2000 (Act No. 59, 2000) and\nGaz G48, 6 December 2000, p 3)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\n3 SAVINGS AND TRANSITIONAL\ns 69 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, and 22.\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 6, 13, 16, and 21.\n\nENDNOTES\nFamily Provision Act 1970 14\n6 LIST OF AMENDMENTS\nlt amd No. 10, 1981, s 6\nss 1 – 2 amd No. 10, 1981, s 6\ns 4 amd No. 36, 1979, s 3; No. 10, 1981, ss 4 and 6; No. 4, 1982, s 3; No. 82,\n1991, s 11; No. 1, 2004, s 62\nss 5 – 6 amd No. 10, 1981, s 6\ns 7 amd No. 16, 1979, s 19; No. 36, 1979, s 4; No. 10, 1981, ss 5 and 6; No. 1,\n2004, s 62\ns 8 amd No. 10, 1981, s 6\nss 11 – 12 amd No. 10, 1981, s 6\ns 13 amd No. 10, 1981, s 6; No. 60, 2000, s 3\nss 16 – 17 amd No. 10, 1981, s 6\ns 18 amd No. 4, 1982, s 3\ns 19 amd No. 63, 1981, s 2\nss 20 – 22 amd No. 10, 1981, s 6","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act replaced earlier Testator's Family Maintenance Ordinances (s 3) and contains transitional provisions preserving earlier orders and proceedings (s 6).  Over time the statutory scope has been altered by amendments listed in the law‑notes (endnotes and List of Amendments).  Those amendments include changes to the class of persons entitled to apply (s 7 as amended, including the addition of de facto partners in later amendments referenced in the endnotes), and other formal and substantive updates to multiple sections (see the List of Amendments and ENDNOTES entries).  The transitional provisions preserve earlier orders and pending proceedings (s 6), while the Act as amended broadened applicant categories and updated cross-references to other heads of law (see ss 4(2), 13 and the endnotes)."},"complexity_factors":["Discretionary judicial determinations about adequacy and character (s 8, s 8(3))","Strict timing rule with court extensions and limits (s 9(1)–(4))","Multiple possible forms of relief (lump sum, periodical payments, class fund) and related trust/investment directions (ss 11, 12, 15)","Mechanisms to charge particular property including property subject to powers of appointment (s 13)","Rules about post-distribution orders and protections for administrators (ss 20–21)","Security/undertaking requirement where a death is presumed (s 14)","Restriction on third-party dealing with awarded interests without Court permission (s 19)","Cross-references to other legislation and transitional provisions (ss 4(2), 5–6 and endnotes showing later amendments)"],"plain_english_summary":"What this law does\n\n- This Act gives certain family members the right to ask the Supreme Court to order that they receive money or other provision from a deceased person's estate when the will or intestacy does not make adequate provision (see s 8).  The Court may order lump sums, periodic payments, or create a class fund for two or more applicants (ss 11, 12, 15). \n\nWho can apply and key limits\n\n- People who may apply are listed in the Act: spouses and de facto partners, former spouses and former de facto partners (if they were being maintained), children, stepchildren (if maintained), grandchildren (in specified circumstances) and parents (in specified circumstances) (s 7).  The Act sets tests for when a person is regarded as being \"maintained\" by the deceased (s 7(7)).\n- An application normally must be made within 12 months after administration of the estate is granted, but the Court can extend that time on conditions and before full distribution of the estate (s 9).  Applicants must serve notice on the estate administrator and the Court may order wider notice (s 10).\n\nHow the Court decides and what it can order\n\n- The Court decides in its discretion, taking account of all circumstances, whether adequate provision is available and what provision is appropriate (s 8).  The Court may refuse an application where a person’s character or conduct disentitles them to relief (s 8(3)).  The Court may also consider any reasons the testator set out for their dispositions (s 22).\n- Orders operate as if they were a codicil to the will (for testate estates) or modify intestacy rules (for intestate estates) (s 16).  The Act allows the Court to specify conditions on the provision, to apportion the financial burden among beneficiaries (s 11(1)–(2)), and, where appropriate, to set aside a class fund to be held on trust (s 12).\n- The Court can order provision to be charged on property that was the subject of a general or special power of appointment exercised by the deceased (s 13).  It can also make orders affecting property already distributed if the administrator had no notice of an application, subject to protections for proper distributions to dependants (s 20).\n\nWho pays and security\n\n- Unless the Court orders otherwise, the financial burden of any provision ordered is borne proportionally by the persons beneficially entitled to the estate (other than the person in whose favour the order is made) (s 11(2)).  The Court can require legatees/devisees to pay lump sums or periodic payments and can exonerate particular property from further liability (s 15).\n- If the Court made an order based on a presumption that a person is dead, it may require the recipient to give an undertaking or security to repay or restore property in the event the presumed-dead person turns out to be alive (s 14).\n\nLimits on third-party dealings and protections for administrators\n\n- Any mortgage, charge or assignment of an interest created by an order under this Act is ineffective unless the Court permits it (s 19).\n- An administrator who distributes the estate before being given notice of an application is protected from actions if they followed the required notice procedures and made a proper distribution (s 21).  The Court will not disturb a proper distribution made to provide for dependants (s 20(2)).\n\nPractical trade-offs, costs and implementation points (source-cited)\n\n- Judicial discretion and evidentiary issues: The Court’s broad discretion (s 8) and its power to receive the testator’s statement of reasons (s 22) mean outcomes can turn on factual inquiries and judicial assessment, which creates uncertainty for applicants, beneficiaries and administrators.\n- Timing and finality: The 12‑month limit after grant of administration (s 9(1)) promotes finality for estate distribution but the Court’s power to extend that time (s 9(2)–(3)) and to order provision out of already distributed property in limited cases (s 20) expose beneficiaries and transferees to potential later claims.  Administrators have a statutory safe harbour if they complied with notice requirements (s 21).\n- Allocation of cost: The Act makes clear that existing beneficiaries will generally bear the financial cost of any additional provision ordered (s 11(2)) and permits the Court to charge particular property (s 13) or require legatees/devisees to pay commuted amounts (s 15).  Those mechanisms alter how testamentary entitlements are converted into cash liabilities for beneficiaries.\n- Compliance and frictions: Serving notice on administrators (s 10), securing Court permission for dealings over an awarded interest (s 19), providing security where death was presumed (s 14), and possible Court-ordered investment or trust arrangements (s 12, s 15) impose administrative and transactional steps on recipients and trustees.\n\nWhy it matters\n\n- The Act changes the practical operation of private wills and intestacies by giving a defined class of family members statutory rights to seek provision from an estate, and by giving the Court express powers to impose, secure and apportion that provision among estate beneficiaries and particular assets (ss 7–16).  That affects the finality of testamentary dispositions, the financial exposure of beneficiaries, and the administrative tasks of estate administrators.\n\nSource references: relevant provisions cited above are those in the Family Provision Act 1970 (notably ss 7–16, 19–22)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1970 scope. The original Act replaced the Testator's Family Maintenance Ordinance 1929 and was initially focused on spouses and children. Over 34 years of amendments (as evidenced by the endnotes), the scope broadened to include: de facto partners (1991), former spouses and de facto partners, stepchildren, grandchildren, and parents with specific dependency tests. The 2003/2004 amendments (Law Reform (Gender, Sexuality and De Facto Relationships) Act) further modernised relationship definitions. Additionally, the 2000 amendment connected the Act to the Wills Act 2000, showing continuous expansion of the legislative framework. The original 'testator's family maintenance' concept has evolved into a broader 'family provision' regime covering diverse family structures."},"complexity_factors":["Multiple nested eligibility conditions in section 7 (former spouses, stepchildren, grandchildren and parents each have specific pre-conditions before they can apply)","Cross-references to external legislation including the Administration and Probate Act 1969 and Wills Act 2000","Complex transitional provisions dealing with repealed ordinances and pending proceedings","Technical provisions regarding powers of appointment (sections 13) requiring understanding of property law concepts","Conditional time limit extensions with multiple sub-conditions (section 9)","Interaction between court orders and existing will structures (section 16 — orders operate as 'codicils')","Class fund mechanism with trustee discretion and successive entitlement rules (section 12)","Presumption of death provisions requiring undertakings/security (section 14)"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's **Family Provision Act 1970** — a law that lets certain family members challenge a deceased person's will (or the rules that apply when someone dies without a will) if they haven't been left enough money or assets for their proper support.\n\n**Who it affects:**\n\nThe law applies to anyone who dies leaving assets in the Northern Territory, regardless of when they died. Specific people can apply to the Supreme Court for a share of the estate:\n\n*   **Spouses and de facto partners** (current and former)\n*   **Children** (including those born after the parent's death)\n*   **Stepchildren**\n*   **Grandchildren**\n*   **Parents**\n\nHowever, there are catches. Former partners, stepchildren, grandchildren, and parents can only apply in specific circumstances — mainly if they were being financially supported by the deceased before death, or if closer relatives (like children or spouses) have already died.\n\n**How it works:**\n\n*   **The test:** The Court checks whether \"adequate provision\" exists for the applicant's \"proper maintenance, education and advancement in life.\" If not, the Court can rewrite the will effectively by ordering money or assets to be paid out.\n*   **Time limits:** Applications must usually be made within **12 months** of the estate administration being granted, though the Court can extend this in some cases.\n*   **The Court's powers:** The Court can create lump sums, periodic payments, or set up a \"class fund\" (a shared pool for multiple beneficiaries). It can also claw back money already distributed to other heirs if necessary.\n*   **What the Court considers:** The judge looks at all circumstances, including the deceased's reasons for leaving someone out (if written down), the applicant's character and conduct, and what other financial support the applicant has.\n\n**Why it matters:**\n\nThis law recognises that people have a moral duty to provide for certain dependants, even after death. It prevents someone from completely disinheriting a spouse or child without good reason, while still respecting the deceased's wishes to some extent. It balances testamentary freedom (the right to decide who gets your stuff) against family responsibility.\n\n**Key protections:**\n\n*   Administrators (the people handling the estate) are protected if they distribute assets before knowing about a claim, provided they followed proper notice procedures.\n*   You can't sell or mortgage your expected inheritance without Court permission.\n*   Orders can be changed later if circumstances change (for example, if the beneficiary becomes wealthy)."}},"importantCases":[],"_links":{"self":"/api/acts/family-provision-act-1970","history":"/api/acts/family-provision-act-1970/history","analysis":"/api/acts/family-provision-act-1970/analysis","conflicts":"/api/acts/family-provision-act-1970/conflicts","importantCases":"/api/acts/family-provision-act-1970/important-cases","documents":"/api/acts/family-provision-act-1970/documents"}}