South Australian Numbered Acts South Australian Numbered Acts116—Persons entitled may obtain order for maintenance etc out of estate of deceased person
(a) a person has died domiciled in this State or owning real or personal property in this State; and
(b) by reason of the person's testamentary dispositions, or the operation of Part 5
, or both, a person entitled to claim the benefit of this Part is left without adequate provision for their proper maintenance, education or advancement in life,
the Court may, in its discretion, on application by or on behalf of a person so entitled, make an order (a "family provision order") that such provision as the Court thinks fit be made out of the estate of the deceased person for the maintenance, education or advancement of the person so entitled.
(2) In determining whether to make a family provision order—
(a) the wishes of the deceased person is the primary consideration of the Court; and
(b) the Court must have regard to—
(i) any evidence of the deceased person's reasons for making the dispositions in the deceased person's will (if any); and
(ii) the applicant's vulnerability and dependence on the deceased; and
(iii) the applicant's contribution to the estate of the deceased person; and
(iv) the character and conduct of the applicant; and
(c) the Court may have regard to any other matter that the Court considers relevant.
(3) In determining whether to make a family provision order, and the amount that a claimant should receive if a family provision order is made, the Court must take into account any government welfare payments that the claimant receives, or may be entitled to receive, and whether the making of a family provision order could worsen the claimant's financial position.
(4) The Court may refuse to make a family provision order in favour of any person on the ground that the person's character or conduct is such as, in the opinion of the Court, to disentitle the person to the benefit of this Part, or for any other reason that the Court thinks sufficient.
(5) The Court may, in making a family provision order, impose such conditions, restrictions and limitations as it thinks fit.
(6) If, in respect of an application for a family provision order, it appears to the Court that the matter would be more appropriately determined by proceedings outside the State, the Court may (without limiting the powers conferred on it by the preceding provisions of this section) refuse to make an order under this section or adjourn the hearing of the application for such period as the Court thinks fit.
(7) In making a family provision order the Court may, if it thinks fit, order that the provision will consist of a lump sum or periodic or other payments or a lump sum and periodic or other payments.