Western Australian Current Acts

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FAMILY PROVISION ACT 1972 - SECT 18

18 .         Administrator, Court may appoint in some cases

        (1)         On any application made under this Act, where it is proved to the satisfaction of the Court —

            (a)         that the executor or executors or any of them appointed by the testator; or

            (b)         that any person to whom administration has been granted or who has been appointed as an administrator or receiver under the Administration Act 1903 ; or

            (c)         that any person who has been appointed administrator for the purposes of this Act,

                is guilty of abuse of office or dereliction of duty, the Court may direct that one or more persons be appointed administrator for the purposes of this Act either in addition to or in substitution for the person so found guilty.

        (2)         Where, in accordance with subsection (1), the Court gives directions for the appointment of an administrator the Court shall make such order as may be necessary or convenient for giving effect to those directions and, thereupon, the property, rights, powers, authorities, functions and discretions vested in the person so found guilty and the liabilities properly incurred by him in the due administration of the estate become and are vested in and transferred to the administrator so appointed (either jointly or severally as the case may require) without any further conveyance, transfer or assignment.



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