Family Provision in Australia, 7th edition

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