Western Australian Consolidated Acts Western Australian Consolidated Acts (1) All property and
rights of property vested in any person of Aboriginal descent who dies
intestate shall vest in the Public Trustee under and subject to the provisions
of the Public Trustee Act 1941 , upon trust to pay the just debts of the
deceased and to distribute the balance amongst the persons entitled thereto
according to the laws of the State relating to the administration of estates
of persons dying intestate, if any of the persons so entitled can be
ascertained, otherwise amongst those persons who may by regulation be
prescribed as the persons entitled to succeed to the property of the deceased.
(2) A regulation made
for the purposes of this section shall, so far as that is practicable, provide
for the distribution of the estate in accordance with the Aboriginal customary
law as it applied to the deceased at the time of his death.
(3) Where there is no
person entitled to succeed to the property of the deceased under the
regulations, and no valid claim is made to the balance of the estate within
2 years after the date of death of the deceased, the Governor may, on
application, and notwithstanding the provisions of any other Act, order that
such balance be distributed beneficially amongst any persons having a moral
claim thereto but where no such order is made or is made in respect of a
portion of the balance of the estate only, the Public Trustee shall thereupon
vest the property of the deceased in the Authority upon trust that it shall be
used for the benefit of persons of Aboriginal descent.
[(4) deleted]
(5) Where an order is
made by the Governor pursuant to the provisions of subsection (3), no
claim thereafter lies against the Public Trustee, the Treasurer, the Authority
or any person in whose favour the order is made, for or in respect of any
money or property that is, or is obtained through, the subject of the order.
[Section 35 amended by No. 121 of 1984
s. 34; No. 57 of 1997 s. 14; No. 34 of 2004 Sch. 2
cl. 1(3) and (4).]