WESTERN AUSTRALIA.
ADMINISTRATION.
No. 18 of 1971.
AN ACT to amend the Administration Act,
1903-1970.
[Assented to 1st December, 19711
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
| 1. (1) This Act may be cited as the Administra- | Short title |
| and citation. |
tion Act Amendment Act, 1971.
| (2) | In this Act the Administration Act, 1903-1970, | Vol. 21 of the |
| Reprinted |
| is referred to as the principal Act. | Acts. Approved for reprint 11th Sept., 1967. |
| (3) | The principal Act as amended by this Act may | Amended by |
| be cited as the Administration Act, 1903-1971. | Acts Nos. 2 |
| of 1969 and | |
| 21 and 107 of 1070. |
| No. 18.] | Administration. | [1971. |
Commence-
| ment. | 2. | This Act shall come into operation on a date |
to be fixed by proclamation.
Addition of
| s. 12A. | 3. | The principal Act is amended by adding after |
section 12 a section as follows-
Entitlement
| to participa- | 12A. (1) Where, after the coming into |
| tion in |
| distribution | operation of the Administration Act Amendment |
| of intestate | |
| estates. | Act, 1971, any person dies intestate as respects all or any of his property, for the purpose of determining who is entitled to participate in the distribution of that part of his estate to which the intestacy applies the relationship between a child and his father and mother shall be determined irrespective of whether the father and mother are or have been married to each other, and all other relationships, whether lineal or collateral, shall be determined accordingly. |
| (2) In any proceedings where a person relies on a matter of fact made relevant by the provisions of subsection (1) of this section |
| (a) | that fact shall not be taken to be proved unless it is established to the reasonable satisfaction of the Court; and |
| (b) | where the father and mother are not, or have not been, married to each other, the relationship between a child and his father, and all other lineal or collateral relationships, shall be recog- nised only- |
(i) if paternity is admitted by or established against the father in his lifetime; and
(ii) where the purpose for which the relationship is to be determined enures for the benefit of the father, if paternity has been so admitted or established in the lifetime of the child.
| 1971.] | Administration. | [No. 18. |
(3) The estates of all persons who have died intestate as to the whole or any part thereof before the coming into operation of the Administration Act Amendment Act, 1971, shall be distributed in accordance with the enact- ments and rules of law which would have applied to them if that Act had not been passed. .
Addition of
| 4. The principal Act is amended by adding after | a. 47A. |
section 47 a section as follows-
Protection of
| 47A. (1) Notwithstanding— | executors, |
| (a) | the provisions of section twelve… |