FAMILY PROVISION ACT 1969 - SECT 8 Family provision orders

FAMILY PROVISION ACT 1969 - SECT 8

    (1)     On application by a person entitled, under section 7, to apply for provision out of the estate of a deceased person, the Supreme Court may order that the provision as that court thinks fit be made for the applicant out of the estate.

    (2)     The Supreme Court shall only make an order under subsection (1) if satisfied, in consideration of the criteria set out in subsection (3), that as at the date of the order, adequate provision for the proper maintenance, education or advancement in life of the applicant is not available—

        (a)     under the will of the deceased; or

        (b)     if the deceased died intestate—under the law applicable to that intestacy; or

        (c)     under that will and that law combined.

    (3)     The criteria for the Supreme Court's decision under subsection (2) in relation to the deceased and the applicant are as follows:

        (a)     the character and conduct of the applicant;

        (b)     the nature and duration of the relationship between the applicant and the deceased;

        (c)     any financial and non-financial contributions made directly or indirectly by or on behalf of either or both the applicant and the deceased to the acquisition, conservation or improvement of any of the property or financial resources of either or both persons;

        (d)     any contributions (including any in the capacity of homemaker or parent) by either the applicant or the deceased to the welfare of the other, or of any child of either person;

        (e)     the income, property and financial resources of the applicant and the deceased;

        (f)     the physical and mental capacity of the applicant, and the deceased (during his or her life), for appropriate gainful employment;

        (g)     the financial needs and obligations of the applicant and the deceased (during the life of the deceased);

        (h)     the responsibilities of either the applicant or the deceased (during his or her life) to support any other person;

              (i)     the terms of any order made under the Domestic Relationships Act 1994

, section 15 with respect to the property of the applicant or the deceased;

        (j)     any payments made to either the applicant or the deceased by the other, under an order of the court or otherwise, in respect of the maintenance of the other person or any child of the other person;

        (k)     any other matter the court considers relevant.

    (4)     The Supreme Court may regard an application for provision out of the estate of a deceased person by a single person as an application made on behalf of all the persons entitled to make applications for provision out of the estate of the deceased person.