South Australian Consolidated Acts

INHERITANCE (FAMILY PROVISION) ACT 1972 - SECT 9

9—Contents or order

        (1)         Every order that provision be made for the maintenance, education or advancement of any person out of the estate of a deceased person must, inter alia —

            (a)         specify the amount and nature of the provision thereby made; and

            (b)         specify the part or parts of the estate of the deceased person out of which that provision shall be raised or paid, and prescribe the manner of raising and paying that provision; and

            (c)         state the conditions, restrictions or limitations imposed by the Court.

        (2)         Subject to subsection (3) of this section and unless the Court otherwise orders, the burden of any such provision shall, as between the persons beneficially entitled to the estate of the deceased person, be borne by those persons in proportion to the values of their respective interests in the estate.

        (3)         Where the deceased person died leaving a will under which two or more persons are successively entitled to any property, the successive interests shall not, unless the Court otherwise orders, be separately valued for the purposes of subsection (2) of this section, but the proportion of the provision to be borne by that property shall be raised or charged against the corpus thereof.

        (4)         The Court shall, in every case in which an order is made, direct that a certified copy of the order be made upon the probate of the will, or letters of administration of the estate, of the deceased person, and for that purpose may require the production of the probate or letters of administration.

        (5)         The Court may at any time, and from time to time, on the application of the administrator or of any person beneficially entitled to or interested in any part of the estate of the deceased person, rescind or alter any order.

        (6)         Notice of an application under subsection (5) of this section must be served upon all persons entitled to any benefit under the order in respect of which the application is made.

        (7)         Upon any order being made under this Act, the portion of the estate affected by the order shall be held subject to the provisions of the order.

        (8)         The Court may make such order as to the costs of any proceeding under this Act as it considers just.