In Suduk v Duncan & Ors [2013] QSC 85 the deceased‟s will provided for the payment of $40,000 pa to the applicant daughter during her lifetime.  The daughter brought a family provision application.  Pending its resolution the executors made interim payments to her equivalent to the amount of the annuity.  The application was settled and court orders were made.  The executors deducted the total amount of the interim payments from the capital sum paid pursuant to the settlement.  Mullins J found this was correct.  She held that the applicant did not have a proprietary right to receive the annuity under the original terms of the will while the estate was unadministered. Her right was to the due dministration of the estate. The annuity was then displaced by the order, even though the order did not take effect until the date it was made.  Read the case here.