Western Australian Current Acts Western Australian Current Acts (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.]