{"id":"escheat-procedure-act-1940","name":"Escheat (Procedure) Act 1940","slug":"escheat-procedure-act-1940","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30489,"registerId":"wa-escheat-procedure-act-1940-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Escheat (Procedure) Act 1940","content":"![Crest]()Western Australia\n\nEscheat (Procedure) Act 1940\n\nWestern Australia\n\nEscheat (Procedure) Act 1940\n\nContents\n\n1. Short title 1\n\n2. Definitions 1\n\n4. Applications for order of escheat 1\n\n5. Notice to be published 2\n\n6. Person claiming title to property or premises may appear and support claim 2\n\n7. Court may declare property has become property of Crown by way of escheat 2\n\n8. Sale of escheated property and application of proceeds 2\n\n9. Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim 3\n\n10. Sheriff to execute conveyance or transfer of escheated property 4\n\n11. Rules of Court 4\n\n12. Regulations 5\n\nNotes\n\nCompilation table 6\n\nOther notes 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nEscheat (Procedure) Act 1940\n\nAn Act to repeal certain Ordinances 1 relating to escheat and to declare the law and practice in cases of escheat.\n\n##### 1. Short title\n\nThis Act may be cited as the *Escheat (Procedure) Act 1940*.\n\n##### 2. Definitions\n\nIn this Act, subject to the context —\n\n  Court means a Judge of the Supreme Court.\n\n  Escheated property means real or personal property the subject of an order of escheat.\n\n  Order of escheat means an order made under this Act declaring that property has become the property of the Crown by way of escheat.\n\n[**3.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 4. Applications for order of escheat\n\nIn all cases where it appears that any property has escheated to the Crown (whether before or after the passing of this Act) the State Solicitor may make application to a Judge of the Supreme Court for an order declaring that the property concerned has become the property of the Crown by way of escheat.\n\n[Section 4 amended: No. 65 of 2003 s. 91.]\n\n##### 5. Notice to be published\n\nNotice of the day and hour of any application under the last preceding section shall be published in the *Government Gazette* and in a newspaper circulating in the district in which the property is situated, and, in case of real estate, shall be affixed to or left with some person at the premises respecting which the application is to be made one month before the hearing of the application.\n\n##### 6. Person claiming title to property or premises may appear and support claim\n\nAny person claiming title to the property or premises the subject of any such application may appear and give evidence in support of such claim, may cross‑examine witnesses and may be represented by counsel. The Court may summon all such witnesses as may be considered necessary and enforce attendance of such witnesses.\n\n##### 7. Court may declare property has become property of Crown by way of escheat\n\nUpon any such application the Court may declare that the property the subject of such application has become the property of the Crown by way of escheat. Orders made under this section shall be final and conclusive and shall not be liable to be reviewed on appeal. Any such order shall be deemed to be “on office found”, within the meaning of section 16 of the *Curator of Intestate Estates Act 1918* 2.\n\n##### 8. Sale of escheated property and application of proceeds\n\n(1) If the Court makes an order of escheat the sheriff may, upon instructions from the Treasurer, seize and proceed to a sale of the escheated property, and the proceeds of any such sale, after payment of all fees and lawful expenses thereout, shall be paid to the Treasurer, and be by him carried to the credit of the Consolidated Account. In like manner any other moneys which are the subject of an order of escheat may be paid by the sheriff to the Treasurer to be dealt with accordingly. The provisions of this subsection shall have no application in any manner whatsoever to any real or personal property vested in the Curator of Intestate Estates under the provisions of the *Curator of Intestate Estates Act 1918* 2.\n\n(2) Subject to the provisions of section 9, the Governor in Executive Council may repay or make good, without interest, any moneys so appropriated to any person who establishes a legal or equitable claim thereto, and all moneys in the Treasury forming part of or arising from the general revenue of the State shall be applicable for so repaying or making good the same.\n\n[Section 8 amended: No. 6 of 1993 s. 13; No. 77 of 2006 s. 4.]\n\n##### 9. Governor in Executive Council may make orders with respect to escheated property in favour of persons with moral claim\n\n(1) In all cases where any property real or personal shall have escheated to the Crown under the provisions of this Act, and no claim having been made under the provisions of section 8 within 12 months of the date of the order of escheat, the Governor in Executive Council may order, on application in that behalf, that such property or (if sold) its proceeds, or any portion thereof respectively, shall be given, conveyed, transferred, granted or paid in such shares, proportions, and manners and upon such terms and conditions and for such estate or interests to such person or persons having a moral but no legal or equitable claim thereto, to be held by such person or persons (subject as hereinafter provided) for his or their own use and for such estate or interest as the Governor may in each case deem suitable or advisable.\n\n(2) From and after the making of an order by the Governor under this section, no claim shall be brought or made against the Governor in Executive Council or the Minister for Justice or the Attorney General, as the case may be, the Treasurer, the sheriff, or any person or persons in whose favour an order is made under this section, by any person in respect of the property or the proceeds thereof which is or are the subject of the order and all such claims shall, as against all such persons as aforesaid, be deemed from the date of the order to be extinguished and forever determined.\n\n##### 10. Sheriff to execute conveyance or transfer of escheated property\n\n(1) Upon a sale of real property under section 8, or upon the order of the Governor in Executive Council directing the conveyance or transfer of any escheated property to any person or persons named in such order, the sheriff shall execute a proper conveyance or transfer of the land to the purchaser or to the person or persons named in the order of the Governor in Executive Council, as the case may be, which said conveyance or transfer shall operate to pass the right, title, and interest of the deceased owner or the Crown, as the case may be, to the purchaser or such person or persons as in any other case.\n\n(2) The Registrar of Titles, upon production to him of any such transfer of land which is subject to the provisions of the *Transfer of Land Act 1893*, together with a certified copy of the order of the Court or the order of the Governor in Executive Council, as the case may be, shall register the said transfer.\n\n[Section 10 amended: No. 81 of 1996 s. 153(1); No. 21 of 2022 s. 53.]\n\n##### 11. Rules of Court\n\n(1) Rules of Court may be made for regulating the practice and procedure to be followed and observed in proceedings under this Act and the fees to be charged.\n\n(2) No costs shall be awarded against any party to an application under this Act.\n\n##### 12. Regulations\n\nThe Governor may make regulations providing for all or any purpose that may be necessary or expedient to carry out the objects and purposes of this Act.\n\n[Schedule omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Escheat (Procedure) Act 1940* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Escheat (Procedure) Act 1940* | 45 of 1940 | 30 Dec 1940 | 30 Dec 1940 |\n| *Financial Administration Legislation Amendment Act 1993* s. 13 | 6 of 1993 | 27 Aug 1993 | 1 Jul 1993 (see s. 2(1)) |\n| *Transfer of Land Amendment Act 1996* s. 153(1) | 81 of 1996 | 14 Nov 1996 | 14 Nov 1996 (see s. 2(1)) |\n| **Reprint 1: The *Escheat (Procedure) Act 1940* as at 21 Mar 2003** (includes amendments listed above) | | | |\n| *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 91, 97 3 | 65 of 2003 | 4 Dec 2003 | 1 Jan 2004 (see s. 2 and *Gazette* 30 Dec 2003 p. 5722) |\n| *Financial Legislation Amendment and Repeal Act 2006* s. 4 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2 and *Gazette* 19 Jan 2007 p. 137) |\n| *Transfer of Land Amendment Act 2022* Pt. 3 Div. 3 | 21 of 2022 | 24 Jun 2022 | 7 Aug 2023 (see s. 2(b) and SL 2023/111 cl. 2) |\n\n\nOther notes\n\n1 The provision in this Act repealing these Ordinances has been omitted under s. 7(4)(f) of the *Reprints Act 1984.*\n\n2 Repealed by the *Public Trustee Act 1941.*\n\n3 The *Acts Amendment and Repeal (Courts and Legal Practice) Act 2003* s. 97 reads as follows:\n\n“\n\n97. References to Crown Solicitor\n\nIf in a written law or other document or instrument there is a reference to the Crown Solicitor that reference may, where the context so requires, be read as if it had been amended to be a reference to the State Solicitor.\n\n”.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCourt 2\n\nEscheated property 2\n\nOrder of escheat 2\n\n© State of Western Australia 2023.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing court procedures for handling escheated property. While there have been minor amendments over time (updating terminology like \"Crown Solicitor\" to \"State Solicitor\" and updating accounting references), the core scope has not expanded beyond the procedural framework for declaring and distributing ownerless property."},"complexity_factors":["Short statute with only 12 sections (one omitted)","Only 3 defined terms in the interpretation section","Minimal cross-referencing — primarily references to the Curator of Intestate Estates Act 1918 (now repealed) and the Transfer of Land Act 1893","Straightforward procedural structure: application → notice → hearing → order → sale/distribution","Some conditional logic in section 9 regarding the 12-month waiting period for moral claims, but not nested or convoluted","No complex mathematical formulas, deeming provisions, or regulatory-making powers beyond standard regulation-making in section 12","Language is relatively modern and accessible for a 1940 Act, though retains some archaic terminology like \"escheat\" and \"Governor in Executive Council\""],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the legal process for handling property that has \"escheated\" to the Crown (the government). **Escheat** is an old legal concept where property becomes government property because it has no owner — typically when someone dies without a will (*intestate*) and with no living relatives entitled to inherit.\n\n**Who it affects:**\n\n*   **The State Solicitor** — can apply to the Supreme Court to have property declared as escheated to the Crown.\n*   **Potential claimants** — anyone who believes they have a legal right to the property can appear in court to contest the application.\n*   **People with \"moral claims\"** — even if someone doesn't have a strict legal right to inherit, the Governor (on the advice of the Executive Council) can give them the property or its sale proceeds if no legal claim is made within 12 months.\n*   **The Sheriff** — handles the sale of escheated property and transfers ownership to buyers or successful claimants.\n\n**How the process works:**\n\n1.  The State Solicitor applies to a Supreme Court Judge for an order declaring property belongs to the Crown.\n2.  Notice must be published in the *Government Gazette* and a local newspaper, and posted on the property (if it's real estate) one month before the hearing.\n3.  Anyone claiming ownership can appear in court, give evidence, and be represented by a lawyer.\n4.  If the Court makes an order, the property is sold by the Sheriff and proceeds go to the State's Consolidated Account (the government's main bank account).\n5.  If no legal claim is made within 12 months, the Governor can give the property or money to people with \"moral claims\" (like distant relatives or dependents who weren't legally entitled to inherit).\n6.  The Court's decision is **final** — there is no right of appeal.\n\n**Why it matters:**\n\nThis law ensures that \"ownerless\" property doesn't sit in limbo indefinitely. It provides a clear, court-supervised process for transferring abandoned assets to the government, while protecting the rights of potential heirs and allowing for discretionary distribution to people with moral (but not legal) claims. It also protects the government and officials from being sued once property has been properly distributed under the Act."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments have adjusted administrative actors and procedural mechanics rather than expanding the core escheat concept. Notable changes in the Act’s text and operation include substitution of the State Solicitor for the Crown Solicitor (see s.4 and note 3), revisions to sale/proceeds handling (s.8) and updated transfer/registration provisions (s.10). The fundamental scope—judicial declaration of escheat, sale/transfer, and possible executive grants—remains intact."},"complexity_factors":["Multiple public actors and decision points: State Solicitor initiates (s.4), Judge/Court decides (s.7), Sheriff executes seizure/sale (s.8), Treasurer controls proceeds (s.8), Governor in Executive Council may grant property/proceeds (s.9), Registrar of Titles registers transfers (s.10).","Mandatory notice and adversarial opportunity: publication and local notice requirements plus ability for claimants to appear, give evidence and cross‑examine (s.5–6).","Finality of judicial orders: Court orders of escheat are declared final and not reviewable on appeal, limiting judicial re-litigation (s.7).","Disposition and remedy mechanics: sale proceeds payable to Treasurer and credited to the Consolidated Account, with a non‑interest repayment power if legal/equitable claims are later established (s.8).","Executive discretion over ‘moral’ claims: Governor may transfer property or proceeds to persons with moral but not legal claims and such grants extinguish further claims against officials (s.9).","Statutory interactions and exceptions: cross‑references to the Curator of Intestate Estates Act 1918 and the Transfer of Land Act 1893 create carve‑outs and registration steps (s.8(1), s.10).","Procedural flexibility: Rules of Court and regulation‑making powers permit detailed practice, fees and procedure to be set outside the Act (s.11–12).","Amendments and institutional name changes over time increase interpretive history (compilation table and notes; see amendments to s.4, s.8, s.10 and note re Crown/State Solicitor)."],"plain_english_summary":"**What it does:** The Act lets the State Solicitor apply to a Supreme Court Judge to declare property that has ‘escheated’ to the Crown, after public notice and an opportunity for claimants to appear. If escheat is ordered, the Sheriff may sell the property on the Treasurer's instructions and sale proceeds go into the Consolidated Account.\n\n**Who it affects and why it matters:** It affects owners and potential claimants, buyers, and public officers (State Solicitor, Sheriff, Treasurer, Governor in Executive Council) by prescribing notice, sale, registration and discretionary grant procedures for escheated property."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and current effect is possible from the available content."},"complexity_factors":["No legislative text was retrievable — complexity cannot be properly assessed","Escheat as a legal concept is historically complex but procedural acts tend to be straightforward in structure","Age of the Act (1940) may mean archaic drafting style if text were available","Score reflects near-total absence of analysable content rather than confirmed simplicity"],"plain_english_summary":"The Escheat (Procedure) Act 1940 establishes the formal process by which property with no legal owner may revert to the Western Australian government. It matters to anyone with potential claims to unclaimed assets, administrators of deceased estates, and government bodies tasked with handling such property, because it dictates how and when the state can lawfully take possession."}},"importantCases":[],"_links":{"self":"/api/acts/escheat-procedure-act-1940","history":"/api/acts/escheat-procedure-act-1940/history","analysis":"/api/acts/escheat-procedure-act-1940/analysis","conflicts":"/api/acts/escheat-procedure-act-1940/conflicts","importantCases":"/api/acts/escheat-procedure-act-1940/important-cases","documents":"/api/acts/escheat-procedure-act-1940/documents"}}