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ACT What Does Section 7 of the Family Provision Act 1969 Mean?

Discussion in 'Wills and Estate Planning Law Forum' started by Steve500, 12 April 2015.

  1. Steve500

    Steve500 Well-Known Member

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    "A stepchild of a deceased person is not entitled to make an application to the Supreme Court for provision out of the estate of the deceased person unless the stepchild was maintained by the deceased person immediately before his or her death. "

    Does that mean by "maintained", that the step-child had to be living in the same household of the deceased step-parent ( deceased estate), anyone know?

    -As I often see for example in "NSW Law Family provision Act", the step-child had to be living in same household but see now here for "ACT Law"
     
  2. Steve500

    Steve500 Well-Known Member

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    Does anyone know what section 7(b) of the Family Provision Act 1969 (ACT) means, especially that part "other than a nominal contribution"?

    "(7) For this section, a person shall not be regarded as having been maintained by the deceased person immediately before his or her death unless—
    (a) there was in force at that time an order of a court requiring the deceased person to pay maintenance to or for the benefit of the other person; or

    (b) the deceased person was, at that time, whether under a written agreement or otherwise, maintaining that other person or making a contribution to the maintenance of that other person, being a contribution that, in all of the circumstances, can be regarded as other than a nominal contribution"
     
  3. Paul Cott

    Paul Cott Well-Known Member

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    Steve,

    The words other than a nominal contribution just mean a contribution that is substantial, not small.

    The section is referring to when someone supports or maintains someone else in a financial sense. This section is referring to a court order requiring a deceased person in the past requiring them to maintain the other person or a written agreement or oral agreement requiring this.

    Paul. Hope that helps.
     
  4. Steve500

    Steve500 Well-Known Member

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    Paul
    That is really good, thank you. And just one other question on this Paul or others, does
    7(b) "the deceased person was, at that time, whether under a written agreement or otherwise"!
    Does "otherwise" mean they had to or they were just voluntarily doing it anyway?
    - Example Step-parent supporting adult step-children, they are not always in a court/or guardianship legally-binding agreement, but they choose too either, "coz they want to as they love them" or the adult-step children, is "going through financial hardship", they voluntarily financially support them.
    Just wanted too know what "otherwise" meant here, if anyone knows.
    Thanks
     

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