New South Wales Consolidated Acts

TESTATOR'S FAMILY MAINTENANCE AND GUARDIANSHIP OF INFANTS ACT 1916 - SECT 3

3 Where no adequate provision made by testator etc court may make orders etc

(1) If any person (hereinafter called "the Testator") dying or having died since the seventh day of October, one thousand nine hundred and fifteen, disposes of or has disposed of his property either wholly or partly by will in such a manner that the widow, husband, or children of such person, or any or all of them, are left without adequate provision for their proper maintenance, education, or advancement in life as the case may be, the court may at its discretion, and taking into consideration all the circumstances of the case, on application by or on behalf of such wife, husband, or children, or any of them, order that such provision for such maintenance, education, and advancement as the court thinks fit shall be made out of the estate of the testator for such wife, husband, or children, or any or all of them.
Notice of such application shall be served by the applicant on the executor of the will of the deceased person.
The court may order such other persons as it may think fit to be served with notice of such application.

(1A) If any person (hereinafter called "the intestate") dies wholly intestate after the commencement of the Conveyancing, Trustee and Probate (Amendment) Act 1938 and, in consequence of the provisions of the Wills, Probate and Administration Act 1898 , as amended by subsequent Acts, that are applicable to the distribution of his estate as on intestacy, his widow, or children, or any or all of them, are left without adequate provision for their proper maintenance, education, or advancement in life as the case may be, the court may, at its discretion and taking into consideration all the circumstances of the case, upon application made by or on behalf of such widow, or children, or any of them, order that such provision for such maintenance, education, and advancement as the court thinks fit shall be made out of the estate of such person.
Notice of such application shall be served by the applicant on such persons as the court may direct.
In this subsection "children" includes children (being under the age of twenty-one years at the death of the intestate) of any child of the intestate who died before the intestate.

(2) The court may attach such conditions to the order as it thinks fit, or may refuse to make an order in favour of any person whose character or conduct is such as to disentitle him to the benefit of such an order.

(3) In making an order the court may, if it thinks fit, order that the provision may consist of a lump sum, or periodical, or other payments.

(4) On an application made under this section, the court may make an interim order in favour of a person before it has fully considered the application where it is of the opinion that no less provision than that proposed to be made by the interim order would be made in favour of the person after full consideration of the application.

(5) Where, on an application made under this section, the court has made an interim order as referred to in subsection (4), it shall, in due course, proceed to make a final determination of the application, which determination shall confirm, rescind or alter the order so made.

(6) Where an interim order making provision is rescinded or altered pursuant to subsection (5), the court may rescind or alter any other orders made by it as a consequence of, or in relation to, the interim order to such extent as may be necessary as a result of the rescission or alteration and make such other orders (other than an order making provision) as may be so necessary.