Testator's Family Maintenance Act of 1914 (5 Geo v No. 26) (Qld)

SUCCESSION. 5 GEO. V. No. 26, 1914. Testator's Family Ma~ : ntenance Act. 6889 SUCCESSION. An Act to Insure Provision for Testators' Families. 5 Geo. V. No. 26. TES;::;R'S [ASSENTED '1'0 17'l'I-I DECEMBER, 1914.J FAMILY B E it enacted by the King's Most Excellent Majesty, ~ ~ ~ N~ ; ~ ~ ~ ~ ~ by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queeni"lland in Parliament assembled, and by the authority of the same, as fo11ol-vs·;- 1. This Act may be cited as " The Testator's Family Short title. Maiutenance Act of 1914." 2. In this Act the term" Court" means the Supreme Interpreta- Court of Queensland or any Judge thereof. ~ ~ t 1908, No. 60, s. 32. 3. (1.) If any pE'rson (hereinafter called "the Testator's testator") dies leaving a will, and without making therein estate liable r adequate provision for the proper maintenance and support ~ ~ = intenance of the testator's wife, husband, or children, the Court may, f ~ ifed in its discretion, on application by 01' on behalf of the ; h~ ~ d~ ~ n: or said wife, lmsha.nd, or children, order that such provision, ~ ~ ~ · 66- , 9~ 833. as the Court tlunks fit shall he made out of the estate of the testator for such wife, husband, or children. (2.) The Comt may- (a,) Attach such conditions to the order as it thinks fit; 01' (b) If it thinks fit, by the order direct that the provision shall consist of a lump sum or a periodical or other payment; or (c) Refuse to make an order in favour of any person whose character or conduct is such as, in the opinion of the Court, disentitlcs him or her to the benefit of an order, or whose circumstances are such as make such refusal reasonable. (:3.) The incidence of the payment or payments ordered shall, unless the Comt otherwise directs, fall rate- ably upon the whole estate of the testator, or, in cases where the authority of the Court d()es not extend or cannot directly or indirectly be made to extend to the whole estate, then to so much thereof as is situated in Queensland.

6.'390 SUCCESSION. Testator's Family Maintenance Act. 5 GEO. V. No. 26, 1914. (4.) The Court may, by such order or any subsequent order, exonerate any part of the testator's estate from the incidence of the order, after hearing such of the parties as may be affected by such exoneration as it thinks necessary, and may for that purpose direct any executor to represent, or appoint any person to represent, any such party. (5.) The Court may at any time fix a periodic pay- ment or lump sum to be paid by any legatee or devisee, to represent, or in commutation of, such proportion of the sum ordered to be paid as falls upon the portion of the estate in which he is interested, and exonerate such portion from further liability, and direct in what manner such periodic payment shall be secured, and to whom such lump sum shall be paid, and in what manner it shall be invested for the benefit of the person to whom the commuted payment was payable. (n.) Where an application has been med on behalf of any person it may be treated by the Court as, and, so far as regards the question of limitation, shall be deemed to be, an application on behalf of all persons who might apply. (7.) An executor, or the Curator of Intestate Estates, or the Curator in Insanity, or any of their deputies, or the Director of the State Children's Department, or any person acting as the next friend of any infant, may apply on behalf of any person being an infant or of unsound mind in any case where such person might apply, or may apply to the Court for advice or directions as to whether he ought so to apply; and, in the latter case, the Court may treat such application as an application on behalf of such person for the purpose of avoiding the effect of limitation. (8.) Unless the Court otherwise directs, no applica- tion shall be heard by the Court at the instance of a party claiming the bendit of this Act unless the proceedings for 6 i '8uch application be instituted within six months from the F,;date of the grant in Queensland of probate of the will. (9.) Upon any order being made, the portion of the estate comprised therein or affected thereby shall be held subject to the provisions of the order. (10.) No mortgage, charge, or assignment of any kind whatsoever of or over such provision, made before the order is made, shall be of any force, validity, or effect; and no such mortgage, charge, or assignment made after the order is made shall be of any force, validity, or effect unless made with the permission of thc Court.

SUCCESSION .-SUGAR. 6391 5 GEO. V. No. 34, 1914. Co-operative Sugar Works .Act. (11.) vVhere the Court has ordered periodic payments, or has ordered a lump sum to bp invested for the benefit of any person, it may inquire whether at any subsequent date the party benefited by the order has hecome possessed of or entitled to provisions for his proper maintenance or support, and into the adequacy of such provisions, and may discharge, vary, or suspend the order, or make such other order as is just in the circumstances. 4. (1.) Where an order is made by the Court under Duty ou this Act, all duties payable on the transmission of · the~ ~ : ~ ~ t~ ~ ~ V estate under the will of the testator shall be computed as N.Z., 1908, I ·f the proVl.sl.Ons 0 f the order had been l)art 0 f the WI ·11 . No. 60 ' s.34. (2.) Any duty paid in excess of the amount required Refund of to be paid under this section shall, on application and duty paid in without further appropriation than thi's Act, be refulldf'd excess. to the person entitled to receive the same. 5. The Court may from time to time, in manner pro- Oourt nuy vided by the Judicature Act, * make Rules of Court with make Rll)68. l'eSpect to applications, orders, and matters under this Act. Such Rules of Court may provide that applicants in particular cases may be required to give security for the costs of and in connection with applications. All such Hules of Court shall be laid before both Houses of Parliament within forty days after the making thereof if Parliament is then sitting, or, if not, then within forty days after the commencement of the next session of Parliament. SUGAR. An Act to Provide for the Establishment and 5 Geo. V. Management of Co-operative Sugar Works. N;~ ! 4. OO·OPERXl'lVJo; [ASSENTED TO 23RD DECEMBER, 1914.] SUGAR WORKS B ACT m' 1!H4. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ;-. 1. This Act may be cited as " The Co-operative Sugar Short title Works Act oif 1914 , " and shall come into operation on a m n e d ncceomme· nt of the first day of January, one thousand nine hundred and Act. fifteen. * 40 Vie. No. 6 and 64 Vie. No. 6, 8Upl'a, pages 2401 etseq. p