Family Protection Act 1955

3 Persons entitled to claim under Act

(1)

An application for provision out of the estate of any deceased person may be made under this Act by or on behalf of all or any of the following persons:

(a)

the spouse or civil union partner of the deceased:

(aa)

a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death:

(b)

the children of the deceased:

(c)

the grandchildren of the deceased living at his death:

(d)

the stepchildren of the deceased who were being maintained wholly or partly or were legally entitled to be maintained wholly or partly by the deceased immediately before his death:

(e)

the parents of the deceased.

(1A)

A parent of the deceased may not make a claim under this Act unless—

(a)

the parent was being maintained wholly or partly, or was legally entitled to be maintained wholly or partly, by the deceased immediately before his or her death; or

(b)

at the date of the claim, none of the following is living:

(i)

the spouse or civil union partner of the deceased:

(ii)

a de facto partner of the deceased in whose favour the court can make an order under this Act:

(iii)

a child of the marriage, civil union, or de facto relationship of the deceased.

(2)

In considering any application by a grandchild of any deceased person for provision out of the estate of that person, the court, in considering the moral duty of the deceased at the date of his death, shall have regard to all the circumstances of the case, and shall have regard to any provision made by the deceased, or by the court in pursuance of this Act, in favour of either or both of the grandchild’s parents.

Compare: 1908 No 60 s 33(1); 1936 No 58 s 26; 1939 No 39 s 22; 1943 No 20 s 14; 1947 No 60 s 15

Section 3(1)(aa): inserted, on 1 February 2002 (applying only in respect of the estates of persons who die on or after that date), by section 5(1) of the Family Protection Amendment Act 2001 (2001 No 8).

Section 3(1)(a): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1)(b): replaced, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).

Section 3(1)(c): replaced, on 1 January 1970, by section 12(2) of the Status of Children Act 1969 (1969 No 18).

Section 3(1)(e): replaced, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(1A): inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 3(2): inserted, on 15 November 1967, by section 3(2) of the Family Protection Amendment Act 1967 (1967 No 43).