{"id":"tas:act-1912-007","name":"Testator's Family Maintenance Act 1912","slug":"testator-s-family-maintenance-act-1912","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 1912","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110718,"registerId":"tas-act-1912-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by 6 Geo. V No. 65, s. 2 \\]**\\[Section 2 Amended by 25 Geo. V No. 78 \\]**\\[Section 2 Amended by No. 52 of 1957, s. 2 \\]**\\[Section 2 Amended by No. 46 of 1991, s. 4 and Sched. 2 \\]**\\[Section 2 Amended by No. 34 of 1995, s. 4 \\]*\n> \n> > (1)  In this Act –\n> > \n> > > ***adopted child*** –\n> > > \n> > > > > (a) in the case of a child that is adopted in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law relating to the adoption of children; or\n> > > > \n> > > > > (b) in the case of a child that is adopted elsewhere than in this State, means a child that is adopted by a person, or by a person and his spouse jointly, in accordance with the law of the State, Territory, or country where the adoption takes place, as in force at the date of the adoption;\n> > \n> > > ***child*** includes –\n> > > \n> > > > > (a) an adopted child; and\n> > > > \n> > > > > (b) [*\\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpa@EN) a stepchild; and\n> > > > \n> > > > > (c) [*\\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpb@EN) a surrogate child;\n> > \n> > > ***Court*** means the Supreme Court;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpa@EN) ***spouse*** includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) ;\n> > \n> > [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpb@EN) [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpc@EN) [*\\[Section 2 Subsection (1) amended by No. 38 of 2015, s. 55, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpa@EN)\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 38 of 2015, s. 55, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpa@EN) ***stepchild*** means, in relation to a person –\n> > > \n> > > > > (a) a child of that person's spouse; and\n> > > > \n> > > > > (b) a child whose natural parent was the spouse of that person at the time of the natural parent's death;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 31 of 2012, s. 21, Applied:01 May 2013\\]*](/view/html/inforce/2013-05-01/act-2012-031#GS21@Hpc@EN) ***surrogate child*** means, in relation to another person, a person (whether or not the person has attained the age of 18 years) –\n> > > \n> > > > > (a) who is a child of the other person by virtue of the operation of [section 26(1)](/view/html/inforce/2026-04-12/act-2012-034#GS26@EN) of the [Surrogacy Act 2012](/view/html/inforce/2026-04-12/act-2012-034) , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and\n> > > > \n> > > > > (b) who has not ceased to be a child of the other person under that Act or law;\n> > \n> > [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpd@EN) [*\\[Section 2 Subsection (1) amended by No. 66 of 1997, Sched. 1, Applied:01 Feb 1998\\]*](/view/html/inforce/1998-02-01/act-1997-066#JS1@Ja11@GC1@EN)\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 66 of 1997, Sched. 1, Applied:01 Feb 1998\\]*](/view/html/inforce/1998-02-01/act-1997-066#JS1@Ja11@GC1@EN) ***will*** includes a codicil and a nomination made in accordance with the rules of a society within the meaning of the Friendly Societies (Tasmania) Code.\n> \n> > (2)  [*\\[Section 2 Subsection (2) substituted by No. 38 of 2015, s. 55, Applied:13 Oct 2015\\]*](/view/html/inforce/2015-10-13/act-2015-038#GS55@Hpb@EN) For the avoidance of doubt, the definition of *stepchild*, as substituted by the *Justice and Related Legislation (Miscellaneous Amendments) Act 2015*, does not apply in respect of a claim against the estate of a person whose death occurred before the commencement of that Act.\n> \n> > (3)  *\\[Section 2 Subsection (3) inserted by No. 34 of 1995, s. 4 \\]*[*\\[Section 2 Subsection (3) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) .  .  .  .  .  .  .  .  \n> \n> > (4)  *\\[Section 2 Subsection (4) inserted by No. 34 of 1995, s. 4 \\]*[*\\[Section 2 Subsection (4) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  *\\[Section 2 Subsection (5) inserted by No. 34 of 1995, s. 4 \\]*[*\\[Section 2 Subsection (5) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC1@Hpe@EN) .  .  .  .  .  .  .  .","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Claims for maintenance against estate of deceased person","content":"### 3 Claims for maintenance against estate of deceased person\n\n> *\\[Section 3 Substituted by No. 52 of 1957, s. 3 \\]*\n> \n> > (1)  If a person dies, whether testate or intestate, and in terms of his will or as a result of his intestacy any person by whom or on whose behalf application for provision out of his estate may be made under this Act is left without adequate provision for his proper maintenance and support thereafter, the Court or a judge may, in its or his discretion, on application made by or on behalf of the last-mentioned person, order that such provision as the Court or judge, having regard to all the circumstances of the case, thinks proper shall be made out of the estate of the deceased person for all or any of the persons by whom or on whose behalf such an application may be made, and may make such other order in the matter, including an order as to costs, as the Court or judge thinks fit.\n> \n> > (2)  In addition to, and without prejudice to, any other powers conferred on the Court or a judge by [subsection (1)](#GS3@Gs1@EN) of this section, the Court or judge may order that the provision to be made out of the estate of the deceased person shall consist of –\n> > \n> > > > (a) the payment to the applicant of a lump sum;\n> > > \n> > > > (b) a life interest or any lesser interest in any dwelling-house belonging to that estate; or\n> > > \n> > > > (c) a life interest or any lesser interest in a dwelling-house that the Court or judge may order to be purchased for occupation by the applicant –\n> > \n> > and may, in any case, order that that provision shall be made upon and subject to such terms and conditions, if any, as the Court or judge may think desirable in the circumstances of the case.\n> \n> > (3)  For the purposes of [paragraph (c)](#GS3@Gs2@Hpc@EN) of [subsection (2)](#GS3@Gs2@EN) of this section, the Court or judge may, notwithstanding any provision or direction to the contrary in the will of a deceased person, order that any moneys belonging to or forming part of the estate of that person shall be expended in the purchase of the fee simple of any real property.\n> \n> > (4)  Where an application under [subsection (1)](#GS3@Gs1@EN) of this section is made by or on behalf of any person, the Court or a judge may order that it shall be regarded as an application on behalf of all persons who are entitled under this Act to make such an application, and if the Court or a judge so orders, the application shall, for the purposes of [section eleven](#GS11@EN) , be treated as an application made by all of those persons.\n> \n> > (5)  The executor or administrator of the estate of a deceased person, on behalf of a person who is entitled to make an application under [subsection (1)](#GS3@Gs1@EN) of this section and who is not of full age or mental capacity, may –\n> > \n> > > > (a) make an application under that subsection; or\n> > > \n> > > > (b) apply to the Court or a judge for directions as to whether he should make an application under that subsection –\n> > \n> > and, in the latter case, the Court or judge may treat the application for directions as an application under that subsection on behalf of that person.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Persons entitled to claim under this Act","content":"### 3A Persons entitled to claim under this Act\n\n> *\\[Section 3A Inserted by No. 52 of 1957, s. 3 \\]**\\[Section 3A Amended by No. 34 of 1995, s. 5 \\]*An application under [subsection (1)](#GS3@Gs1@EN) of section three for provision out of the estate of a deceased person may be made by or on behalf of all or any of the following persons, that is to say:\n> \n> > > (a) [*\\[Section 3A Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC2@Hpa@EN) The spouse of the deceased person;\n> > \n> > > (b) The children of the deceased person;\n> > \n> > > (c) [*\\[Section 3A Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC2@Hpb@EN) The parents of the deceased person, if the deceased person dies without leaving a spouse or any children;\n> > \n> > > (d) A person whose marriage to the deceased person has been dissolved or annulled and who at the date of the death of the deceased person was receiving or entitled to receive maintenance from the deceased person whether pursuant to an order of a court, or to an agreement or otherwise; and\n> > \n> > > (e) [*\\[Section 3A Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC2@Hpc@EN) A person whose significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the deceased person had ceased before the date of the death of the deceased person and who was receiving or entitled to receive maintenance from the deceased person whether pursuant to an order of a court or to an agreement or otherwise.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application by summons in chambers","content":"### 4 Application by summons in chambers\n\n> > (1)  *\\[Section 4 Subsection (1) amended by No. 52 of 1957, s. 4 \\]*Every such application shall be made by summons in chambers, entitled \"In the matter of the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) , and in the matter of the estate of \\_\\_\\_\\_\\_\\_\\_ deceased\".\n> \n> > (2)  *\\[Section 4 Subsection (2) substituted by No. 52 of 1957, s. 4 \\]*A summons under this section shall be served on –\n> > \n> > > > (a) the executor of the will of the deceased person or the person to whom letters of administration with the will annexed have been granted, or, in the case of an intestate estate, the administrator of that estate; and\n> > > \n> > > > (b) such other persons as the Court or a judge may direct to be served therewith.\n> \n> > (3)  The judge may, if he thinks fit, adjourn such summons into Court.","sortOrder":4},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n*\\[Section 5 Repealed by No. 52 of 1957, s. 5 \\]*","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Court or judge","content":"### 6 Powers of Court or judge\n\n> *\\[Section 6 Amended by No. 52 of 1957, s. 9 and Sched. 1 \\]*At the hearing of such application the Court or judge shall inquire fully into the estate of the deceased person, and for that purpose may –\n> \n> > > (a) summon and examine the persons who are entitled to make an application under this Act, or such of them as the Court or judge may think it desirable to examine, and also such witnesses as may be necessary; and\n> > \n> > > (b) require the executor or person applying for probate or letters of administration to furnish full particulars of the estate.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Court or judge to consider net estate and means of widow or child","content":"### 7 Court or judge to consider net estate and means of widow or child\n\n> *\\[Section 7 Amended by 25 Geo. V No. 78 \\]**\\[Section 7 Amended by No. 52 of 1957, s. 9 and Sched. 1 \\]*In granting or refusing any such application, and in fixing the amount of the provision to be made under this Act for any person who is entitled to make an application under [subsection (1)](#GS3@Gs1@EN) of section three, the Court or judge shall have regard, *inter alia*, to –\n> \n> > > (a) the net value only of the estate of the deceased person, as ascertained by deducting from the gross value thereof all debts, testamentary and funeral expenses, and all other lawful liabilities to which the said estate is subject; and\n> > \n> > > (b) whether any such person is entitled to independent means, whether secured by any covenant, settlement, transfer, or other provision made by the deceased person during his life or derived from any other source whatsoever.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Cases in which Court or judge may refuse application","content":"### 8 Cases in which Court or judge may refuse application\n\n> > (1)  The Court or judge may refuse any such application if the character or conduct of any person by or on behalf of whom the application is made is such as in the opinion of the Court or judge should disentitle him or her to the benefit of any provision under this Act.\n> \n> > (2)  The Court or judge in making any order under this Act may impose such conditions, restrictions, and limitations, whether to prevent, restrict, or defeat any alienation or charge of or upon the benefit of any provision made under such order or otherwise, as the Court or judge may think fit.\n> \n> > (3)  *\\[Section 8 Subsection (3) added by 25 Geo. V No. 78 \\]**\\[Section 8 Subsection (3) amended by No. 52 of 1957, s. 9 and Sched. \\]**\\[Section 8 Subsection (3) omitted by No. 36 of 1974, s. 12 and Sched. 1 \\]*.  .  .  .  .  .  .  .","sortOrder":8},{"sectionNumber":"8A","sectionType":"section","heading":"Evidence as to deceased's reasons for dispositions","content":"### 8A Evidence as to deceased's reasons for dispositions\n\n> *\\[Section 8A Inserted by No. 52 of 1957, s. 6 \\]*\n> \n> > (1)  On the hearing of an application under [subsection (1)](#GS3@Gs1@EN) of section three, the Court or judge may have regard to the deceased person's reasons, so far as they are ascertainable, for making the dispositions made by his will, or for not making any provision or further provision, as the case may be, for any person, and the Court or judge may accept such evidence of those reasons as it or he considers sufficient, whether that evidence would otherwise be admissible in a court of law or not.\n> \n> > (1A)  [*\\[Section 8A Subsection (1A) amended by No. 18 of 2021, s. 336, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS336@Hpc@EN) [*\\[Section 8A Subsection (1A) amended by No. 18 of 2021, s. 336, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS336@Hpb@EN) [*\\[Section 8A Subsection (1A) amended by No. 18 of 2021, s. 336, Applied:05 Nov 2021\\]*](/view/html/inforce/2021-11-05/act-2021-018#GS336@Hpa@EN) [*\\[Section 8A Subsection (1A) inserted by No. 68 of 1995, s. 13, Applied:01 Sep 1997\\]*](/view/html/inforce/1997-09-01/act-1995-068#GS13@EN) [*\\[Section 8A Subsection (1A) substituted by No. 58 of 2008, Sched. 1, Applied:01 Mar 2009\\]*](/view/html/inforce/2009-03-01/act-2008-058#JS1@Ja1@GC1@EN) Where an application under [section 3(1)](#GS3@Gs1@EN) relates to a will made under [Part 3](/view/html/inforce/2026-04-12/act-2008-058#HP3@EN) of the [Wills Act 2008](/view/html/inforce/2026-04-12/act-2008-058) by the Tasmanian Civil and Administrative Tribunal or the Court, the Court or judge may have regard to the records of the Tribunal or Court relating to the person for whom the will was made and the reasons given by the Tribunal or Court for making an order authorising the making or alteration of a will in specific terms.\n> \n> > (2)  Nothing in this section shall be construed as restricting the evidence that is admissible, or the matters that may be taken into account, on the hearing of an application under [subsection (1)](#GS3@Gs1@EN) of section three.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Contents of order","content":"### 9 Contents of order\n\n> > (1)  *\\[Section 9 Subsection (1) amended by 25 Geo. V No. 78 \\]**\\[Section 9 Subsection (1) amended by No. 52 of 1957, s. 7 \\]*Every order under this Act making provision for any person shall specify, *inter alia* –\n> > \n> > > > (a) the amount and nature of such provision;\n> > > \n> > > > (b) the manner in which such provision shall be made; or be raised or paid, out of some, and what, part of the estate of the deceased person;\n> > > \n> > > > (c) how and by whom the burden of any such provision shall be borne; and\n> > > \n> > > > (d) any conditions, restrictions, or limitations imposed by the Court or judge.\n> \n> > (2)  *\\[Section 9 Subsection (2) amended by No. 52 of 1957, s. 7 \\]*The Court or judge shall in every case in which provision is made under this Act direct that a certified copy of such order be made upon the probate of the will or letters of administration, with the will annexed, of the estate of the deceased person, or, as the case may be, upon the letters of administration of the estate of the deceased person, and for that purpose shall retain such probate or letters until such copy is made.\n> \n> > (3)  *\\[Section 9 Subsection (3) substituted by No. 52 of 1957, s. 7 \\]*Subject to this Act, every provision made under this Act operates and takes effect –\n> > \n> > > > (a) in the case of the estate of a person who dies testate, as if it had been made by a codicil to the will of the deceased person executed immediately before his death; or\n> > > \n> > > > (b) [*\\[Section 9 Subsection (3) amended by No. 19 of 2010, s. 52, Applied:01 Jan 2011\\]*](/view/html/inforce/2011-01-01/act-2010-019#GS52@EN) in the case of the estate of a person who dies intestate, as a modification of the provisions of the [Intestacy Act 2010](/view/html/inforce/2026-04-12/act-2010-019) .\n> \n> > (4)  [*\\[Section 9 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC3@Hpb@EN) [*\\[Section 9 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja65@GC3@Hpa@EN) *\\[Section 9 Subsection (4) added by No. 52 of 1957, s. 7 \\]*If in the opinion of the Court or a judge it is desirable so to do, having regard to all the circumstances of the case, the Court or judge may, in any order under this Act making provision for the spouse of a deceased person, direct that that provision shall operate for the benefit of the spouse notwithstanding that he or she may, at any time after the making of the order, remarry or enter into a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) .\n> \n> > (5)  *\\[Section 9 Subsection (5) added by No. 52 of 1957, s. 7 \\]**\\[Section 9 Subsection (5) amended by No. 57 of 1970, s. 2 \\]*The Court or a judge may, at any time, on the application of the executor or administrator of the estate of a deceased person or of any person who is beneficially entitled to, or interested in, any part of that estate –\n> > \n> > > > (a) rescind any order making any provision under this Act out of that estate or any part thereof; or\n> > > \n> > > > (b) alter any such order by increasing or reducing the amount of any provision made thereby or by varying such order in such manner as the Court or judge thinks proper.\n> \n> > (5A)  *\\[Section 9 Subsection (5A) inserted by No. 57 of 1970, s. 2 \\]*The Court or a judge shall not, in the exercise of the power conferred on it or him by [paragraph (b)](#GS9@Gs5@Hpb@EN) of [subsection (5)](#GS9@Gs5@EN) of this section, alter an order under this Act so as to disturb a distribution of any part of the estate that was lawfully made before the making of the application for the alteration.\n> \n> > (6)  *\\[Section 9 Subsection (6) added by No. 52 of 1957, s. 7 \\]*A person who makes an application under [subsection (5)](#GS9@Gs5@EN) of this section shall cause notice of the application to be served on all persons taking any benefit under the order sought to be rescinded or altered.\n> \n> > (7)  *\\[Section 9 Subsection (7) added by No. 52 of 1957, s. 7 \\]*Upon an order being made under this Act, the portion of the estate comprised therein or affected thereby shall be held subject to the provisions of the order.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Provision for class fund","content":"### 10 Provision for class fund\n\n> *\\[Section 10 Substituted by No. 52 of 1957, s. 8 \\]*\n> \n> > (1)  Without prejudice to the powers conferred on the Court or a judge under any other provision of this Act, the Court or a judge may order that any amount specified in an order made on an application under [subsection (1)](#GS3@Gs1@EN) of section three shall be set aside out of the estate to which the order relates and held on trust as a class fund for the benefit of two or more persons specified in the order (being persons who are entitled under [section three A](#GS3A@EN) to make an application under that subsection).\n> \n> > (2)  Where an amount is ordered to be held on trust as a class fund for any persons, pursuant to this section, that amount shall be invested, and the trustee may –\n> > \n> > > > (a) in his discretion but subject to such directions and conditions as the Court or judge may give or impose, apply the income and capital of that amount, or so much thereof as the trustee from time to time thinks fit, for or towards the maintenance or education (including past maintenance or education provided after the death of the deceased person), or the advancement or benefit, of those persons or of any one or more of them to the exclusion of the other or others of them, in such shares and proportions, and generally in such manner, as the trustee thinks fit; and\n> > > \n> > > > (b) so apply the income and capital of that amount notwithstanding that only one of those persons remains alive.\n> \n> > (3)  For the purposes of this section, the expression ***trustee*** means the executor or administrator of the estate of the deceased person unless the Court or judge appoints any other trustee (whether by the order creating the class fund or subsequently), in which case it means the trustee so appointed.\n> \n> > (4)  If the trustee is not the executor or administrator of the estate of the deceased person, the Court or judge may give such directions as it or he thinks fit relating to the payment to the trustee of the amount that is to be held on trust as a class fund, and may exercise any power conferred on the Court by [section forty-seven of the](/view/html/inforce/2026-04-12/act-1898-034#GS47@EN) [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) , either on the creation of the class fund or at any time during the continuance of the trusts thereof.","sortOrder":11},{"sectionNumber":"10A","sectionType":"section","heading":"Incidence of payments ordered","content":"### 10A Incidence of payments ordered\n\n> *\\[Section 10A Inserted by No. 52 of 1957, s. 8 \\]*\n> \n> > (1)  The incidence of any payment directed to be made by an order under this Act shall, unless the Court or a judge otherwise orders, fall ratably upon the whole estate of the deceased person, or, where the authority of the Court does not extend or cannot be made to extend to the whole estate, ratably upon such part of the estate as is subject to the authority of the Court.\n> \n> > (2)  The Court or a judge may exonerate any part of the estate of a deceased person from the incidence of an order under this Act, after hearing such of the parties who may be affected by the exoneration as the Court or judge thinks necessary, and may, for that purpose, direct any executor or administrator to represent, or appoint any person to represent, any of those parties.\n> \n> > (3)  The Court or a judge may, at any time, fix a periodical payment or lump sum to be paid by any beneficiary in the estate of the deceased person to represent, or in commutation of, such proportion of the sum ordered to be paid as falls upon the portion of the estate in which that beneficiary is interested, and may exonerate that portion from further liability, and may direct in what manner the periodical payment shall be secured, and to whom the lump sum shall be paid, and in what manner it shall be invested for the benefit of the person to whom the commuted payment is payable.","sortOrder":12},{"sectionNumber":"10B","sectionType":"section","heading":"Adjustment of estate duty","content":"### 10B Adjustment of estate duty\n\n> *\\[Section 10B Inserted by No. 52 of 1957, s. 8 \\]*For the purpose of apportioning the duty payable on the estate of a deceased person, any provision directed to be made by an order under this Act shall –\n> \n> > > (a) if the deceased person died testate, be deemed to be a bequest made by the deceased person by a codicil executed immediately before his death; or\n> > \n> > > (b) if the deceased person died intestate, be deemed to be a bequest made by the deceased person as if effected by a will made by him immediately before his death.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Time within which application to be made","content":"### 11 Time within which application to be made\n\n> > (1)  *\\[Section 11 Subsection (1) amended by 6 Geo. V No. 65, s. 6 \\]**\\[Section 11 Subsection (1) amended by 25 Geo. V No. 78 \\]**\\[Section 11 Subsection (1) amended by No. 46 of 1954, s. 3 and Sched. 2 \\]**\\[Section 11 Subsection (1) amended by No. 52 of 1957, s. 9 and Sched. 1 \\]*Except as provided by [subsection (2)](#GS11@Gs2@EN) of this section, the Court or judge shall have no jurisdiction to hear any application, or to make any order under this Act, unless the summons hereinbefore mentioned be taken out before or not later than three months after the date of grant of probate of the will of the deceased person, or letters of administration of the estate of the deceased person, as the case may be.\n> \n> > (2)  *\\[Section 11 Subsection (2) added by No. 46 of 1954, s. 3 and Sched. 2 \\]*Notwithstanding anything in [subsection (1)](#GS11@Gs1@EN) of this section, upon application being made in that behalf by a person claiming the benefit of this Act, the Court or a judge may, after hearing such of the persons affected or likely to be affected by that application as it or he may think fit, extend the time limited by that subsection for the taking out of a summons for such further period as the Court or judge may think necessary.\n> \n> > (3)  *\\[Section 11 Subsection (3) added by No. 46 of 1954, s. 3 and Sched. 2 \\]*The powers conferred on the Court or a judge by [subsection (2)](#GS11@Gs2@EN) of this section may be exercised notwithstanding that the time limited by [subsection (1)](#GS11@Gs1@EN) of this section for the taking out of a summons may have expired (whether that time expired or expires before or after the commencement of this subsection).\n> \n> > (4)  *\\[Section 11 Subsection (4) added by No. 46 of 1954, s. 3 and Sched. 2 \\]*An application under [subsection (2)](#GS11@Gs2@EN) of this section shall be made before the final distribution of the estate of the deceased person, and no distribution of any part of the estate made before the making of an application under that subsection shall be disturbed by reason of that application or of any order made thereon or in consequence thereof.","sortOrder":14}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded well beyond its original 1912 focus on basic maintenance claims by widows and children from a testator's will. Amendments have broadened eligible claimants to include spouses in significant relationships, stepchildren, surrogate children, former partners receiving maintenance, and limited parental claims; added powers for lump sums, dwelling interests, class funds, and interaction with intestacy; and incorporated modern family structures via cross-references to later legislation on relationships, surrogacy, and wills made by tribunal or court."},"complexity_factors":["Extensive amendment history with numerous insertion, substitution, and omission notes tied to specific commencement dates across multiple Acts","Detailed interpretation section (s.2) with layered definitions that cross-reference the Relationships Act 2003, Surrogacy Act 2012, Wills Act 2008, and Intestacy Act 2010","Discretionary powers in ss.3, 7, 8, and 9 requiring the Court to weigh 'all the circumstances', net estate value, independent means, character/conduct, and deceased's reasons","Nested procedural rules on applications (s.4), class funds (s.10), incidence of payments (s.10A), duty adjustments (s.10B), variation of orders (s.9(5)), and time extensions (s.11(2)-(4)) with savings provisions"],"plain_english_summary":"**This law lets close family members ask the Supreme Court to receive a share of a deceased person's estate if the will (or intestacy rules) leaves them without enough money for proper maintenance and support.**\n\nIt applies when someone dies with or without a will. The Court can order payments, interests in a house, or other support from the estate after looking at the whole situation, including the size of the estate and the applicant's own finances.\n\n**Who it affects:** Spouses (including de facto partners in a 'significant relationship'), children (covering adopted children, stepchildren, and surrogate children), parents (only if no spouse or children exist), and some former partners who were receiving maintenance.\n\n**Why it matters:** It protects dependents from being completely cut out or under-provided for, giving the Court power to redistribute estate assets fairly. Orders can include lump sums, life interests, or class funds held in trust for multiple people. Strict time limits apply (usually within 3 months of probate), but the Court can extend them in some cases."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1912 Act was narrowly focused on protecting widows and children from being disinherited. Over more than a century of amendments, the scope has broadened in most Australian jurisdictions (including Tasmania) to include a wider range of eligible claimants such as domestic partners and, in some cases, dependants — reflecting changing social norms around family structures. The core mechanism remains the same, but who can use it has expanded considerably."},"complexity_factors":["The Act is over 110 years old, meaning it uses archaic legal language and concepts that require interpretation against modern standards","Determining what constitutes 'adequate provision' involves judicial discretion and case-by-case assessment, creating inherent uncertainty","Interaction with other Tasmanian succession laws (such as intestacy rules) adds complexity","Eligibility categories for claimants may have been amended over time, requiring reference to the amendment history","The provided text contains only metadata — the actual operative provisions are not available for analysis, limiting confidence in the assessment","Court proceedings are required to make a claim, introducing procedural complexity for lay people"],"plain_english_summary":"## Testator's Family Maintenance Act 1912 (Tasmania)\n\n**What is this law about?**\n\nThis is one of Tasmania's oldest surviving pieces of legislation — a law that protects the family members of a deceased person (the \"testator\" — the person who made a will) if that person's will failed to make adequate provision for them.\n\n**In plain terms:** If someone dies and their will leaves a spouse, child, or other eligible family member without enough financial support, this law allows those family members to go to court and ask for a fairer share of the estate (the deceased person's assets and money).\n\n**Who does this affect?**\n- People who have been left out of — or inadequately provided for in — a will\n- Spouses, children, and potentially other dependants of deceased Tasmanians\n- Executors and administrators managing deceased estates in Tasmania\n- Anyone making a will in Tasmania who wants to understand what obligations they have to family members\n\n**Why does it matter?**\n\nIt acts as a safety net against unfair wills. Even if someone legally writes a will leaving everything to, say, a charity or a distant relative, eligible family members can challenge that will and potentially receive financial support from the estate. This law balances the right of people to leave their property as they choose against the moral and financial obligations they have to close family.\n\n**Important limitation:** The legislation text provided is largely metadata and formatting only — the substantive provisions (the actual rules about who can claim, how much they can get, and how the process works) are not included in the excerpt provided. The analysis is therefore based on the known scope and historical context of this Act."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded and refined by later textual changes shown in the source. Notable scope changes in the text include: expanded definitions of who counts as a child (adopted, stepchild, surrogate child) and recognition that 'spouse' can include people in a significant relationship under the Relationships Act (section 2; section 3A); explicit power to create and manage class funds and to appoint trustees other than the executor (section 10); express incidence‑and‑apportionment rules placing payments ratably on the estate with power to exonerate parts or require commuted payments by beneficiaries (section 10A); an express provision treating ordered provision as if made by a codicil or will for estate duty purposes (section 10B); rules permitting the Court to consider the deceased’s reasons and to accept evidence that might otherwise be inadmissible (section 8A); and procedural adjustments including a statutory time limit with judicial power to extend that limit (section 11(1)–(3)). These amendments widen eligible applicants, clarify trust and trustee arrangements, and increase judicially allocable remedies compared with the original narrower mechanics reflected in earlier text."},"complexity_factors":["Broad judicial discretion to determine adequacy of provision and to accept non‑traditional evidence (sections 3(1); 8A(1)).","Multiple overlapping remedies and forms of provision (lump sums, life interests, purchase orders, class funds) with distinct mechanics (sections 3(2)–(3); 10).","Interplay with other statutes and instruments: definitions reference Relationships Act, Surrogacy Act, Wills Act, Intestacy Act, and Trustee Act (section 2; sections 8A(1A); 9(3)).","Detailed trustee and trust administration duties where class funds are ordered (section 10(2)–(4)).","Incidence and apportionment rules that can ratably burden the whole estate or allow exemptions and commutations (section 10A(1)–(3)).","Temporal procedural constraints and judicial power to extend time, plus non‑disturbance protections for prior distributions (section 11(1)–(4); section 9(5A)).","Powers to rescind or vary orders after they are made, affecting finality of estate distributions (section 9(5)).","Complex eligibility definitions (adopted, stepchild, surrogate child; spouse includes significant relationship) and non‑retroactivity clauses (section 2; section 3A).","Evidentiary flexibility allowing the Court to consider the deceased’s reasons even if the evidence would not normally be admissible (section 8A(1))."],"plain_english_summary":"What this law does (mechanics)\n\n- Gives the Supreme Court (referred to as “the Court or a judge”) power to order that a deceased person's estate provide for people left without \"adequate provision\" for maintenance and support (section 3(1)).\n- The Court may order different kinds of provision: a lump sum, a life interest (or lesser interest) in a dwelling the estate already owns, or an order that estate money be used to buy a dwelling for the applicant (section 3(2)–(3)).\n- Orders must state the amount, how it is to be paid, who bears the burden, and any conditions (section 9(1)). An order treated as a codicil to a will if the deceased left a will, or as a modification of intestacy rules if not (section 9(3)).\n- The Court may create a class fund (an amount held on trust) for two or more beneficiaries and set how income and capital are applied (section 10). The executor is trustee unless the Court appoints someone else (section 10(3)–(4)).\n- Unless the Court orders otherwise, the cost of any payment ordered under the Act falls ratably across the whole estate (section 10A(1)). The Court can exempt parts of the estate or require beneficiaries to make commuted payments to represent their share (section 10A(2)–(3)).\n- Executors/administrators must be served with the application and the Court may require the executor or person applying for probate to provide full particulars of the estate (section 4(2)(a); section 6(b)).\n- Time limits: an application must generally be started by summons in chambers before or within three months after probate or letters of administration are granted; the Court may extend that time in appropriate cases (section 4(1); section 11(1)–(3)).\n- The Court has broad fact‑finding powers: it can summon and examine entitled persons and witnesses, and may consider the deceased's reasons for their dispositions, accepting evidence of those reasons even if it would not otherwise be admissible (sections 6(a); 8A(1)–(2)).\n- The Court may refuse an application if the applicant’s character or conduct disentitles them (section 8(1)), and it can impose conditions to prevent alienation or charging of benefits (section 8(2)). Orders can later be altered or rescinded by the Court on application, subject to protections for lawful distributions made before the application (section 9(5)–(5A)).\n- Eligibility: applications may be made by or on behalf of (among others) the deceased’s spouse, children (including adopted, step and surrogate children as defined), parents in limited circumstances, and certain former partners receiving maintenance (section 3A; definitions in section 2). Section 2 contains detailed definition rules (e.g. adopted child, stepchild, surrogate child) and preserves non‑retroactivity of a stepped definition for deaths before the relevant amendment (section 2(2)).\n- Tax and duty treatment: for estate duty purposes any provision ordered is treated as if made by a codicil or will immediately before death (section 10B).\n\nWho this affects\n\n- People left out of, or inadequately provided for by, a deceased person's will or intestacy who fall within the classes in section 3A (spouse, children, some parents, some former partners, etc.).\n- Executors and administrators, who must be served with summonses, may be required to supply full particulars about the estate (sections 4(2)(a); 6(b)); they are the default trustees for class funds unless replaced (section 10(3)).\n- Beneficiaries of the estate, because an order under the Act may alter distributions and the financial incidence of those changes falls on the estate (section 9; section 10A).\n- The Court, which exercises wide discretionary powers to decide if and how provision should be made and to accept non‑traditional evidence of the deceased's reasons (sections 3(1); 8A(1)).\n\nWhy it matters (stated purpose and practical trade‑offs)\n\n- The Act’s operative effect (section 3(1)) is to permit the Court to step into the statutory distribution of an estate to provide maintenance where a person is left without adequate provision. The source text frames that as the Act’s function (see section 3(1)).\n\nTesting that stated purpose against costs, incentives and trade‑offs evident in the text:\n\n- Who pays: the estate bears the direct cost of any provision (section 10A(1)). That reduces the assets available to other beneficiaries and may affect the value of bequests (sections 9(1); 10A(1)).\n- Concentrated benefits vs diffuse costs: the ordered provision benefits one or a small number of applicants directly, while the cost is spread across the whole estate or across several beneficiaries ratably (section 10A(1)). The Court can, however, apportion or exonerate particular parts of the estate (section 10A(2)–(3)).\n- Private choice and contractual expectations: an order can operate as if it were a codicil to a will or modify intestacy distributions (section 9(3)), and the Court may make orders contrary to a will’s directions where necessary to purchase a dwelling for an applicant (section 3(3)). Those powers change the outcome of private estate plans in specific cases.\n- Compliance burden and administrative cost: executors and administrators must respond to summonses, supply estate particulars (section 6(b)), and may need to defend or administer class funds (sections 4(2); 10(2)–(4)). Time limits for bringing claims (section 11(1)) create front‑loaded procedural obligations; the Court may extend time in some cases (section 11(2)).\n- Judicial discretion and evidentiary flexibility: the Court’s broad discretionary powers to determine adequacy, impose conditions, accept non‑standard evidence about the deceased’s reasons, and to appoint trustees (sections 3(1); 8(2); 8A(1); 10(3)–(4)) concentrate decision‑making in the judiciary rather than leaving outcomes to fixed statutory formulas.\n- Risk of substitution effects and follow‑on administration: orders can create life interests or class trusts (sections 3(2); 10) that require ongoing administration and may reduce immediately distributable capital, with consequential cost and trustee duties (section 10(2)).\n\nPractical points to note in the mechanics\n\n- An application is made by summons in chambers and must be served on the executor/administrator and other persons the Court directs (section 4(1)–(2)).\n- The Court will consider only the net estate after debts and liabilities (section 7(a)) and will look at whether the applicant has independent means (section 7(b)).\n- The Court can refuse on conduct grounds (section 8(1)) and can impose conditions to control future disposal or charging of benefits (section 8(2)).\n- Orders can be rescinded or altered later on application (section 9(5)), but previously lawful distributions made before the application for alteration cannot be disturbed (section 9(5A)).\n\nSource sections relied on: sections 2, 3, 3A, 4, 6, 7, 8, 8A, 9, 10, 10A, 10B, 11."}},"importantCases":[],"_links":{"self":"/api/acts/testator-s-family-maintenance-act-1912","history":"/api/acts/testator-s-family-maintenance-act-1912/history","analysis":"/api/acts/testator-s-family-maintenance-act-1912/analysis","conflicts":"/api/acts/testator-s-family-maintenance-act-1912/conflicts","importantCases":"/api/acts/testator-s-family-maintenance-act-1912/important-cases","documents":"/api/acts/testator-s-family-maintenance-act-1912/documents"}}