Western Australian Current Acts

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FAMILY PROVISION ACT 1972 - SECT 5

5 .         Application of Act

        (1)         The provisions of this Act apply in all cases, whether the deceased died before or after the coming into operation of this Act, but so that no distribution of any part of the estate of a deceased person that has been made before the coming into operation of this Act shall be disturbed in favour of any person by reason of any application or order made under this Act if it could not have been disturbed in favour of that person by reason of any application or order made under the Testator’s Family Maintenance Act 1939 , now repealed.

        (2)         The provisions of sections 15, 16 and 17 of this Act apply to orders made before the coming into operation of this Act under section 11 of the Guardianship of Infants Act 1920 2 .

        (3)         Notwithstanding the repeal of the Testator’s Family Maintenance Act 1939 , effected by section 3(1) of this Act —

            (a)         every order that is, under or by virtue of that Act, still in force on the coming into operation of this Act, continues to have effect as though made under this Act;

            (b)         every proceeding that has been commenced under that Act and not completed shall be continued as though this Act had been in operation when the proceeding was so commenced.



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