Western Australian Current Acts

FAMILY PROVISION ACT 1972 - SECT 20

20 .         Administrator, protection of etc.

        (1)         No action shall lie against the administrator by reason of his having distributed any part of the estate, if the distribution was properly made without notice of any application or intended application under this Act in respect of the estate.

        (2)         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 the provisions of this Act.

        (3)         No action by any person whose relationship to the deceased is not determined through a legal marriage or adoption shall lie against the administrator, or any trustee appointed pursuant to this Act, by reason of his having prejudiced any claim of that person under this Act by distributing any part of any estate, or any property, if the distribution was made without notice of any application or intended application by that person under this Act in respect of that estate or property.

        (4)         A person who makes or is entitled to make an application under this Act and who, being of full legal capacity, advises the administrator in writing that he —

            (a)         consents to a proposed distribution; or

            (b)         does not intend to make any application under this Act that would affect a proposed distribution,

                shall not bring an action against the administrator by reason of his having thereafter distributed any part of the estate.

        (5)         Notice to an administrator of an intended application shall lapse and shall be incapable of being renewed, and the administrator may act as if he had not received the notice, if, before the expiration of three months after the date on which he first receives notice of the intention to make the application or before the sooner expiration of 12 months from the date on which the administrator became entitled to administer the estate of the deceased in Western Australia, the administrator does not receive notice that the application has been made to the Court; but nothing in this subsection shall prevent the subsequent making of the application.

        [Section 20 amended: No. 48 of 2011 s. 12.]