Western Australian Current Acts Western Australian Current Acts (1) If any person (in
this Act called the deceased ) dies, then, if the Court is of the opinion that
the disposition of the deceased’s estate effected by his will, or the
law relating to intestacy, or the combination of his will and that law, is not
such as to make adequate provision from his estate for the proper maintenance,
support, education or advancement in life of any of the persons mentioned in
section 7 as being persons by whom or on whose behalf application may be made
under this Act, the Court may, at its discretion, on application made by or on
behalf of any such person, order that such provision as the Court thinks fit
is made out of the estate of the deceased for that purpose.
(2) The Court in
considering for the purposes of subsection (1) whether the disposition of the
deceased’s estate effected by the law relating to intestacy, or by the
combination of the deceased’s will and that law, makes adequate
provision for the purposes of this Act shall not be bound to assume that the
law relating to intestacy makes adequate provision in all cases.
(3) The Court may
attach such conditions to the order as it thinks fit, or may refuse to make an
order in favour of any person on the ground that his character or conduct is
such as in the opinion of the Court to disentitle him to the benefit of an
order, or on any other ground which the Court thinks sufficient.
(4) In making any such
order the Court may, if it thinks fit, order that the provision may consist of
a lump sum or a periodical or other payment.
(5) If an order has
been made or could have been made under subsection (1) in favour of a person
(the eligible person ), the Court may, on application by an eligible person,
make an order under subsection (1) in favour of the eligible person in
relation to the estate only if at the time an order was made or could have
been made in favour of the eligible person —
(a) the
evidence about the nature and extent of the estate did not reveal the
existence of certain property (the undisclosed property ); and
(b) the
value of the undisclosed property would have materially affected the provision
that the Court ordered, or could have ordered, be made out of the estate in
favour of the eligible person.
(6) Despite
section 12(1), notice of an application under subsection (5) in respect of an
order that has been made must be served on all persons taking any benefit
under the order and on such other persons as the Court may direct.
(7) The Court cannot
hear an application for an order under subsection (5) unless —
(a) the
application is made within 6 months from the date on which the applicant
became aware of the existence of the undisclosed property; or
(b) the
Court is satisfied that the justice of the case requires that the applicant be
given leave to file out of time.
(8) A motion for leave
to file out of time may be made at any time notwithstanding that the period
specified in subsection (7)(a) has expired.
[Section 6 amended: No. 48 of 2011 s. 7.]