Bill amending Part IV of the Administration and Probate Act 1958

  • Author : Andrew Verspaandonk - 25-08-2014

Bulletin written by Barrister Andrew Verspaandonk on the Bill amending Part IV of the Administration and Probate Act 1958

Practitioners should be aware that a Bill which dramatically affects eligibility to apply for further provision has been presented for its second reading in the Victorian Parliament. The Justice Legislation Amendment (Succession and Surrogacy) Bill 2014 deals with a number of succession and other issues, but the proposed Part 2 of the Bill is of enormous significance to this jurisdiction. Essentially, eligibility will become category based. However, many applicants in those categories will still not be able to claim unless they were wholly or partly dependent upon the deceased at the time of death (see new section 91 (2) (b). This will include adult children (unless they are full time students under the age of 25 years or have a disability). Moreover, even where dependency is established, further provision must be "proportionate" to the degree of dependency.

It goes without saying that this Bill would reduce the scope of this jurisdiction markedly. Adult children in particular would have fewer rights to further provision than has ever been the case. McKenzie-v-Topp type claims would also be likely to be removed.

 

Debate on the Bill has been adjourned to 2 September 2014. It is suggested that practitioners contact their political representatives to pass on their views of these proposed changes well before that time.

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Andrew Verspaandonk

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Bill amending Part IV of the Administration and Probate Act 1958

Andrew Verspaandonk Date: 25-08-2014