Ploughing the Field of Family Provision Claims: The Evolution of Part IV of the Administration and Probate Act 1958 (Vic)

Abstract

The thesis examines the evolution of the approach to family provision claims following the 1997 amendment to Part IV of the Administration and Probate Act 1958 (Vic), in particular the removal of the statutory list of eligible applicants, and the introduction of an additional jurisdictional question to determine standing to claim. The broad goal of the project is to determine if the pre-amendment approach of ‘moral duty’ is still appropriate in the application of the new provisions of section 91. The post-amendment case law is analysed, identifying consistent trends in decisions. The tension between family provision and the freedom of testation is also considered. The thesis examines the law to the 30th of June 2011.

Keywords: succession law, family provision, testator's family maintenance, TFM, Part IV, Part 4, responsibility to provide, moral duty to provide, freedom of testation

JEL Classification: K10, K11, K19, K30, K39, K40, K41, K49