Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This section shall
come into operation on a date to be fixed by proclamation 4 .
(2) This section
applies only if and so far as a contrary intention is not expressed in the
conveyance, and has effect subject to the terms of the conveyance and to the
provisions thereof.
(3) In this Act, and
in any conveyance made after the coming into operation of this
section —
(a) any
reference (whether express or implied) to the child or children of any person
shall be construed as, or as including, a reference to any illegitimate child
of that person; and
(b) any
reference (whether express or implied) to a person or persons related in some
other manner to any person shall be construed as, or as including a reference
to anyone who would be so related if he, or some other person through whom the
relationship is deduced, had been born legitimate.
(4)
Subsection (3) applies only where the reference in question is to a
person who is to benefit or to be capable of benefiting under the disposition
or, for the purpose of designating such a person, to someone else to or
through whom that person is related.
(5) For the purposes
of this section, the relationship between a parent and his or her illegitimate
child, and any other relationship traced in any degree through that
relationship, shall be recognised only if parentage is admitted by or
established against the parent in his or her lifetime; and where the purpose
for which the relationship is to be determined is a purpose that enures for
the benefit of the parent the relationship shall be recognised only if
parentage has been so admitted or established in the lifetime of the child.
(5a)
Subsection (5) does not apply to or in respect of a relationship
established by the Artificial Conception Act 1985 .
(6) In any proceedings
where a person relies on a matter of fact made relevant by the provisions of
subsection (3), that fact shall not be taken to be proved unless it is
established to the reasonable satisfaction of the Court.
(7) As respects
conveyances executed on or after the date of the coming into operation of this
section, any rule of law that a disposition in favour of illegitimate children
not in being when the disposition takes effect is void as contrary to public
policy is hereby abolished.
(8) Notwithstanding
the provisions of subsection (3), a person who conveys or distributes any
real or personal property to or amongst the persons entitled thereto without
having ascertained that there is no person who is or may be entitled to any
interest in that property by virtue of that subsection is not liable to any
such person of whose claim he did not have notice at the time of the
conveyance or distribution; but nothing in this section prejudices the right
of any such person to follow the property, or any property representing it,
into the hands of any person, other than a purchaser, who may have received
it.
[Section 31A inserted by No. 19 of 1971
s. 3; amended by No. 14 of 1985 s. 8; No. 28 of 2003
s. 160.]