Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 20

Property available for provision

In force

20 Property available for provision

(1)

Subject to subsection (2), notwithstanding any distribution of property forming part of the estate of a deceased person made by the administrator of the estate, the Supreme Court may, in an order under section 8 or 9A in relation to that estate, direct that provision be made for a person out of that property.

(2)

In an order under section 8 or 9A, the Supreme Court shall not direct that provision be made for a person out of any property that has been the subject of a distribution referred to in subsection (1) if—

(a)

the distribution was properly made for the purpose of providing for the proper maintenance, education or advancement in life of a person who was totally or partially dependent on the deceased person immediately before the death of the deceased person; or

(b)

the distribution was made—

(i)

more than 6 months after the date when administration of the estate was granted; and

(ii)

before the administrator had notice of the application for the order or, if an application was made under section 9 for an extension of time within which an application for an order under section 8 may be made, the application under section 9;

and the property that was so distributed has vested in possession of any person.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.