Australian Capital Territory Consolidated Acts

FAMILY PROVISION ACT 1969 - SECT 9A

    (1)     In this section:

"previous order" means an order made under this Act that has not been discharged.

    (2)     Subject to this Act, on application made by or on behalf of the administrator of the estate of a deceased person or a person beneficially entitled to, or having an interest in, a part of the estate of a deceased person, the Supreme Court may, in its discretion and having regard to all the circumstances of the case, by order—

        (a)     vary a previous order relating to that estate by reducing the amount of the provision made by that previous order; or

        (b)     suspend a previous order relating to that estate for a specified period; or

        (c)     discharge a previous order relating to that estate.

    (3)     Subject to this Act, if by a previous order the Supreme Court has directed that provision by way of periodical payments or the benefit of the investment of a lump sum be made for a person out of the estate of a deceased person, on application made by or on behalf of the person, if the court is satisfied that the provision is not adequate for the proper maintenance, education or advancement in life of the person, the court may, in its discretion and having regard to all the circumstances of the case, by order, vary the previous order by increasing the amount of the provision.

    (4)     The applicant for an order under subsection (2) shall cause notice of the application to be served on the person in whose favour the previous order was made.

    (5)     If the Supreme Court makes an order under subsection (2), the court may make any further orders that it thinks fit for the purpose of giving effect to the order under subsection (2) and any other orders that it considers just.