Western Australian Current Acts Western Australian Current Acts (1) Where, after the
coming into operation of the Administration Act Amendment Act 1971 , any
person dies intestate as respects all or any of his property, for the purpose
of determining who is entitled to participate in the distribution of that part
of his estate to which the intestacy applies the relationship between a child
and his parents shall be determined irrespective of whether the parents are or
have been married to each other, and all other relationships, whether lineal
or collateral, shall be determined accordingly.
(2) In any proceedings
where a person relies on a matter of fact made relevant by the provisions of
subsection (1) —
(a) that
fact shall not be taken to be proved unless it is established to the
reasonable satisfaction of the Court; and
(b)
where the parents are not, or have not been, married to each other, the
relationship between a child and his parent, and all other lineal or
collateral relationships, shall be recognized only —
(i)
if parentage is admitted by or established against the
parent in his lifetime; and
(ii)
where the purpose for which the relationship is to be
determined enures for the benefit of the parent, if parentage has been so
admitted or established in the lifetime of the child.
(2a) Subsection (2)(b)
does not apply to or in respect of a relationship established by the
Artificial Conception Act 1985 .
(3) The estates of all
persons who have died intestate as to the whole or any part thereof before the
coming into operation of the Administration Act Amendment Act 1971 , shall be
distributed in accordance with the enactments and rules of law which would
have applied to them if that Act had not been passed.
(4) The estates of all
persons who have died intestate as to the whole or any part thereof before the
coming into operation of Part 2 of the Acts Amendment (Lesbian and Gay Law
Reform) Act 2002 shall be distributed in accordance with the enactments and
rules of law which would have applied to them if that Act had not been passed.
[Section 12A inserted: No. 18 of 1971 s. 3;
amended: No. 14 of 1985 s. 8; No. 3 of 2002 s. 4.]