Western Australian Current Acts

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FAMILY PROVISION ACT 1972 - SECT 17

17 .         Order for provision burdening portion of estate, Court’s powers in case of

                Where the burden of any provision ordered to be made falls upon the portion of the estate to which any person would, apart from that order, be entitled under the will or on intestacy, the Court may determine that a periodic payment or a lump sum shall be set aside or appropriated to represent or in commutation of such proportion of the provision ordered to be made as falls upon that portion of the estate, and thereupon —

            (a)         the Court may exonerate such portion from all or any further liability;

            (b)         the Court may direct in what manner the periodic payment shall be secured and to whom any lump sum shall be paid;

            (c)         the Court may give directions as to the manner in which any moneys accruing shall be invested for the benefit of the person in whose favour the provision is made.



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