Wills Act Amendment Act 1971 (WA)

WESTERN AUSTRALIA.

WILLS.

No. 20 of 1971.

AN ACT to amend the Wills Act, 1970.

[Assented to 1st December, 1971.]

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 Wills Act Short title and citation.

Amendment Act, 1971.

(2) In this Act the Wills Act, 1970, is referred to gut: 12

as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Wills Act, 1970-1971.

2. This Act shall come into operation on a date commence- meat.

to be fixed by proclamation.

No. 20.] Wills. [1971.

Part IX

added. 3. The principal Act is amended by adding after

section 28 a new Part as follows

PART IX.-ILLEGITIMACY.

Application 29.

The provisions of this Part of this Act apply to the will of any person which is executed on or after the date of the coming into operation of the Wills Act Amendment Act, 1971, but does not apply to the will of any person which was executed before that date and, notwith- standing any rule of law, a disposition made by a will executed before that date shall not be treated for the purposes of this Part as made on or after that date by reason only that a codicil to the will is executed on or after that date.

of Part IX.

Abolition of

As respects any will to which this Part favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy is hereby abolished.

rule regard- 30.

ing illegal-

mates not	applies, any rule of law that a disposition in
in being.
Determina-
tion of	31. (1) Unless the contrary intention appears by the will, where for the purpose of determining who is entitled to an interest in any property that is the subject of a disposition (whether that disposition is effected under that will or under the provisions of section 27 of this Act) it is necessary to determine any relation- ship, the relationship between a child and his father and mother shall be determined irres- pective of whether the father and mother are or have been married to each other, and all other relationships, whether lineal or collateral, shall be construed accordingly.
relation-
Mips.
(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

1971.] Wills. [No. 20.

(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.