Family Provision in Australia is cited frequently in superior court decisions. Among its outstanding features are the tables of cases which, in this new edition, include a new one that presents digestible format decisions where a poor relationship has been relevant in affecting the outcome of the application.
The updates in this edition also include updated commentary on the effect of bankruptcy on family provision claims which has been the subject of conflicting judicial opinion.
Features
Family Provision in Australia 7th edition incorporates changes to succession law in South Australia from 1 January 2025. These developments consider that:
in determining a family provision claim, “the wishes of the deceased person is the primary consideration of the Court”;
government welfare payments ‘must’ be taken into account in the making of orders, thus resolving the debate, still current in other jurisdictions, about whether the payments ‘must’, ‘may’ or ‘should’ be considered relevant; and
adult stepchildren can bring a claim if they meet specific conditions
Related Titles
Hockley, Construction of Wills in Australia, 2nd edition
Neal & Sims, Hutley’s Australian Wills Precedents, 11th edition
Dal Pont, Powers of Attorney, 4th edition
Dal Pont, Interpretation of Testamentary Documents, 2nd edition
By:
John De Groot Imprint: LexisNexis Butterworths Australia Country of Publication: Australia Edition: 7th edition Weight: 3.100kg ISBN:9780409361780 ISBN 10: 040936178X Publication Date:05 December 2025 Format:Paperback Publisher's Status: Active
Chapter 1 Historical Background Chapter 2 Approach to Claims Generally Chapter 3 Approach in Particular Circumstances Chapter 4 Particular Applicants Chapter 5 Time Limits Chapter 6 Duties of the Personal Representative Chapter 7 Miscellaneous Considerations Chapter 8 Orders Chapter 9 Appeals Chapter 10 Costs Chapter 11 Procedure Appendix I Forms and Precedents Appendix II Family Provision Application Checklist Appendix III Family Provision Legislation