Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WILLS ACT 1970 - SECT 31

31 .         Determination of relationships

        (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) it is necessary to determine any relationship, the relationship between a child and his or her parents shall be determined irrespective of whether the parents are or have been married to each other, and all other relationships, whether lineal or collateral, shall be construed accordingly.

        (2)         In any proceedings where a person relies on a matter of fact made relevant by the provisions of subsection (1) —

            (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 parents are not, or have not been, married to each other, the relationship between a child and his or her parent, and all other lineal or collateral relationships, shall be recognised only —

                  (i)         if parentage is admitted by or established against the parent in his or her lifetime; and

                  (ii)         where the purpose for which the relationship is to be determined enures for the benefit of the parent, if parentage has been so admitted or established in the lifetime of the child.

        (3)         Subsection (2)(b) does not apply to or in respect of a relationship established by the Artificial Conception Act 1985 .

        [Section 31 inserted: No. 20 of 1971 s. 3; amended: No. 14 of 1985 s. 8; No. 28 of 2003 s. 212.]

        [Heading inserted: No. 47 of 2012 s. 5.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback