Western Australian Current Acts Western Australian Current Acts (1) Every order in
which provision is made or altered shall specify the part or parts of the
estate of the deceased or, where applicable, the part or parts of the
distributed estate out of which such provision shall be raised or paid, and
prescribe the manner of raising and paying such provision.
(2) Subject to
subsection (3), and unless the Court otherwise orders, the burden of any
provision shall, as between the persons beneficially entitled to the estate of
the deceased, be borne by those persons in proportion to the value of their
respective interests in such estate.
(3) The estates and
interests of persons successively entitled to any property which is settled by
the will of a testator shall not, for the purposes of this section, be
separately valued, but the proportion of the provision to be borne by such
property shall be raised or charged against the corpus of such property.
(4) The Court, in
every case in which an order is made or altered or in which an administrator
is appointed in accordance with section 18, shall direct that a certified copy
of the order or alteration be made upon the probate of the will or the letters
of administration of the estate of the deceased, as the case may be, and for
that purpose may require the production of the probate or letters of
administration.
(5) Upon any order
being made, the portion of the estate comprised therein or affected thereby
shall be held subject to the provisions of the order.
(6) The Court may make
such order as to the costs of any proceeding under this Act as it deems just.
(7) The Court may give
such consequential directions as it thinks fit for the purpose of giving
effect to an order made under this Act.