Western Australian Current Acts

ADMINISTRATION ACT 1903 - SECT 47A

47A .         Protection of executors, administrators and trustees

        (1)         Notwithstanding —

            (a)         the provisions of section 12A; or

            (b)         the provisions of Part IX of the Wills Act 1970 ,

                for the purposes of the administration or distribution of any estate or any property no executor or administrator or trustee shall be under any obligation to inquire as to the existence of any person who could claim an interest in the estate or the property by virtue only of those provisions in so far as they confer any interest on illegitimate children or any person claiming through an illegitimate child.

        (2)         No executor or administrator or trustee shall be liable to any such person as is referred to in subsection (1) in relation to any claim arising by reason of an executor or administrator or trustee having made any distribution of the estate or property held on trust, or otherwise acted in the administration of the estate or property held on trust, disregarding the interest of that person, if at the time he made the distribution or so acted the executor or administrator or trustee had no notice of the relationship on which the claim is based.

        (3)         Nothing in this section shall prejudice the right of any person to follow the property, or any property representing it, into the hands of any person, other than a purchaser, who may have received it.

        [Section 47A inserted: No. 18 of 1971 s. 4.]

[ 48-52.         Deleted: No. 80 of 1962 s. 5.]