Caveat proceedings

Testator's Family Maintenance ("TFM") proceedings (Part IV proceedings)

• Who is eligible (need to prove deceased had a responsibility to make provision for you - s 91 Administration and Probate Act 1958 (Vic)
  • Widows, de factos, same sex partners, domestic partners, children, parents, siblings, nieces, nephews, long term carers 
• Timing:
  • Application to be made within 6 months of the date of the Grant of Representation

• Two stage test (Singer v Berghouse (No 2) (1994) 181 CLR 201):-
  • Did the deceased make adequate provision for your proper maintenance and support? (ie, moral duty)
  • What amount should you be awarded?