Western Australian Current Acts Western Australian Current Acts (1) An application for
provision out of the estate of any deceased person may be made under this Act
by or on behalf of all or any of the following persons —
(a) a
person who was married to, or living as the de facto partner of, the deceased
person immediately before the death of the deceased person;
(b) a
person who at the date of the death of the deceased was receiving or entitled
to receive maintenance from the deceased as a former spouse or former de facto
partner of the deceased whether pursuant to an order of any court, or to an
agreement or otherwise;
(c) a
child of the deceased living at the date of the death of the deceased, or born
within 10 months after the deceased’s death;
(d) a
grandchild of the deceased —
(i)
who was being maintained wholly or partly by the deceased
immediately before the deceased’s death; or
(ii)
who, at the date of the deceased’s death, was
living and one of whose parents was a child of the deceased who had
predeceased the deceased; or
(iii)
who was born within 10 months after the deceased’s
death and one of whose parents was a child of the deceased who had predeceased
the deceased;
(ea) a
stepchild of the deceased who was being maintained wholly or partly or was
entitled to be maintained wholly or partly by the deceased immediately before
the deceased’s death;
(eb) a
stepchild of the deceased, if —
(i)
the deceased received or was entitled to receive property
from the estate of a parent of the stepchild, otherwise than as a creditor of
that estate; and
(ii)
the value of that property, at the time of the
parent’s death, is greater than the prescribed amount;
(e) a
parent of the deceased, whether the relationship is determined through a legal
marriage or otherwise, where the relationship was admitted by the deceased
being of full age or established in the lifetime of the deceased.
(2A) An application is
not to be made under this Act by or on behalf of a person referred to in
subsection (1)(ea) or (eb) unless the deceased person died on or after the day
on which the Inheritance (Family and Dependants Provision) Amendment Act 2011
section 9(1)(b) came into operation 1 .
(2) No application
under subsection (1) shall be heard by the Court unless —
(a) the
application is made within 6 months from the date on which the administrator
becomes entitled to administer the estate of the deceased in Western
Australia; or
(b) the
Court is satisfied that the justice of the case requires that the applicant be
given leave to file out of time.
(3) A motion for leave
to file out of time may be made at any time notwithstanding that the period
specified in subsection (2)(a) has expired.
[Section 7 amended: No. 75 of 1986 s. 2; No. 3 of
2002 s. 81; No. 48 of 2011 s. 9 (as amended: No. 41 of 2012 s. 5).]