Western Australian Current Acts Western Australian Current Acts (1) Where, after the
coming into operation of section 4 of the Administration Act Amendment Act
1976 , any person dies intestate as to all or any of his property, the
administrator, or in case of partial intestacy, the executor or administrator
with the will annexed, shall, subject to sections 9, 10 and 10A, hold the real
and personal estate to which the intestacy applies, and which vests in him
under section 8, on trust for the persons who are entitled thereto under
sections 14 and 15.
(1a) When, pursuant to
subsection (1), real estate is held on trust for 2 or more persons, it shall
be held as if it had been devised to those persons as tenants in common.
(1b) The estates of
all persons who have died intestate as to all or any of their property before
the coming into operation of section 4 of the Administration Act Amendment Act
1976 shall be held and distributed in accordance with the enactments and rules
of law which would have applied to those estates if that Act had not been
passed.
(2) No executor, as
such, shall be entitled to take beneficially any residue not expressly
disposed of by the will of the testator, unless it appear by such will that he
is intended so to take.
(3) Nothing herein
contained shall affect or prejudice any right to which an executor would have
been entitled if this Act had not been passed, in cases where there is not any
person who would be entitled to the testator’s estate in respect of any
residue not expressly disposed of.
[Section 13 amended: No. 28 of 1934 s. 77(3)(b)
and (4); No. 138 of 1976 s. 3; No. 72 of 1984 s. 6; No. 25 of 2002 s. 52.]