Western Australian Current Acts

FAMILY PROVISION ACT 1972 - NOTES

Notes

¹ This is a compilation of the Family Provision Act 1972 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Inheritance (Family and Dependants Provision) Act 1972 4	57 of 1972	31 Oct 1972	1 Jan 1973 (see s. 2 and Gazette 17 Nov 1972 p. 4379)
Inheritance (Family and Dependants Provision) Amendment Act 1986	75 of 1986	4 Dec 1986	1 Jan 1987
Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 13 3	3 of 2002	17 Apr 2002	21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)
Acts Amendment (Equality of Status) Act 2003 Pt. 32	28 of 2003	22 May 2003	1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)
Reprint 1: The Inheritance (Family and Dependants Provision) Act 1972 as at 5 Sep 2003 (includes amendments listed above)
Wills Amendment Act 2007 s. 25	27 of 2007	26 Oct 2007	9 Feb 2008 (see s. 2 and Gazette 8 Feb 2008 p. 313)
Inheritance (Family and Dependants Provision) Amendment Act 2011 Pt. 2	48 of 2011 (as amended by No. 41 of 2012 s. 4-5)	25 Oct 2011	16 Jan 2013 (see s. 2(b) and Gazette 15 Jan 2013 p. 79)
Reprint 2: The Family Provision Act 1972 as at 22 Feb 2013 (includes amendments listed above)
Statutes (Minor Amendments) Act 2017 s. 10	6 of 2017	12 Sep 2017	13 Sep 2017 (see s. 2(b))

² Repealed by the Guardianship of Children Act 1972 which was repealed by the Family Court Act 1975 (as amended by the Family Court Act Amendment and Acts Repeal Act 1979) which was repealed by the Family Court Act 1997.

³ The Acts Amendment (Lesbian and Gay Reform) Act 2002 s. 82 reads as follows:

82. Applications regarding the estates of persons who died before the commencement of this Part

An application under the Inheritance (Family and Dependants Provision) Act 1972 for provision out of the estate of a person who died before the commencement of this Part is to be dealt with under that Act as if this Part had not commenced.

⁴ Now known as the Family Provision Act 1972; short title changed (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)
administration 4(1)
administrator 4(1)
child 4(1)
Court 4(1)
deceased 6(1)
eligible person 6(5)
grandchild 4(1)
statement 21A(1)
stepchild 4(1)
trustee 13(3)
undisclosed property 6(5)
will 4(1)