Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where, after the
coming into operation of section 4 of the Administration Act Amendment
Act 1976 1 , 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 1 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 by 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.]