Death

Death

Section 79(8) and 79(1A) of the Family Law Act make provision for continuation of existing family law property proceedings to be continued by, or for orders to be enforced against, the estate of a deceased party after the death of that party (in circumstances specified in those provisions).

Proceedings under section 79 (alteration of property interests) cannot be instituted (as distinct from continued) after the death of a party to the marriage. After the death of a party, proceedings cannot be characterised as “proceedings between the parties to a marriage” as required under paragraph (ca) of the definition of “matrimonial cause” in section 4 of the Family Law Act.