Western Australia regulation

Family Provision Regulations 2013

In ForceWA

Jurisdiction

Western Australia

Collection

regulation

Plain English Summary

2/10 complexity

This regulation sets a monetary eligibility threshold: a stepchild may only bring a family provision claim under section 7(1)(eb) of the Family Provision Act 1972 if the deceased derived at least $517,000 from the stepchild’s parent. It affects stepchildren and estate administrators by narrowing who can commence a claim and by requiring precise valuation of the relevant property. The stated purpose is to define eligibility; that creates clear rules but also imposes valuation and administrative compliance costs.

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Current sections

Direct links to the current provisions in Family Provision Regulations 2013.

Family Provision Regulations 2013

CrestWestern Australia

Family Provision Act 1972

Family Provision Regulations 2013

Western Australia

Family Provision Regulations 2013

Contents

Citation 1
Commencement 1
Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim 1

Notes

Compilation table 2

Western Australia

Family Provision Act 1972

Family Provision Regulations 2013

1. Citation

	These regulations are the *Family Provision Regulations 2013* 1.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) regulation 3 — when the Inheritance (Family and Dependants Provision) Amendment Act 2011 section 9(1)(b) comes into operation.

3. Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim

The amount prescribed for the purposes of section 7(1)(eb) of the Act is $517 000.

[Regulation 3 amended: Gazette 15 May 2015 p. 1729.]

Notes

1 This is a compilation of the Family Provision Regulations 2013 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Family Provision Regulations 2013	15 Jan 2013 p. 80	r. 1 and 2: 15 Jan 2013 (see r. 2(a)); Regulation 3: 16 Jan 2013 (see r. 2(b) and Gazette 15 Jan 2013 p. 79)
Family Provision Amendment Regulations 2015	15 May 2015 p. 1728‑9	r. 1 and 2: 15 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 16 May 2015 (see r. 2(b))

Source text

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

Western Australia

Family Provision Act 1972

Family Provision Regulations 2013

Western Australia

Family Provision Regulations 2013

Contents

Citation 1
Commencement 1
Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim 1

Notes

Compilation table 2

Western Australia

Family Provision Act 1972

Family Provision Regulations 2013

1. Citation

	These regulations are the *Family Provision Regulations 2013* 1.

2. Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) regulation 3 — when the Inheritance (Family and Dependants Provision) Amendment Act 2011 section 9(1)(b) comes into operation.

3. Minimum value of property deceased derives from stepchild’s parent for stepchild to make claim

The amount prescribed for the purposes of section 7(1)(eb) of the Act is $517 000.

[Regulation 3 amended: Gazette 15 May 2015 p. 1729.]

Notes

1 This is a compilation of the Family Provision Regulations 2013 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation	Gazettal	Commencement
Family Provision Regulations 2013	15 Jan 2013 p. 80	r. 1 and 2: 15 Jan 2013 (see r. 2(a)); Regulation 3: 16 Jan 2013 (see r. 2(b) and Gazette 15 Jan 2013 p. 79)
Family Provision Amendment Regulations 2015	15 May 2015 p. 1728‑9	r. 1 and 2: 15 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 16 May 2015 (see r. 2(b))