Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 108

108 .         Unborn spouses or de facto partners

        (1)         The widow or widower of a person who is a life in being for the purpose of the rule against perpetuities shall be deemed a life in being for the purpose of —

            (a)         a limitation in favour of that widow or widower; and

            (b)         a limitation in favour of a person who attains, or of a class the members of which attain, according to the limitation, a vested interest on or after the death of the survivor of that person and his spouse.

        (2)         The de facto partner of a person who is a life in being for the purpose of the rule against perpetuities shall be deemed a life in being for the purpose of —

            (a)         a limitation in favour of that de facto partner; and

            (b)         a limitation in favour of a person who attains, or of a class the members of which attain, according to the limitation, a vested interest on or after the death of the survivor of that person and the person’s de facto partner.

        [Section 108 amended: No. 28 of 2003 s. 163.]