Inheritance legislation in Western Australia has been gearing up for a major change. The Inheritance (Family and Dependants Provision) Act 1972 has been amended in a number of ways that are predominantly aimed at allowing stepchildren of a deceased to make a claim for provision from the estate, however only under certain circumstances.

The Act is now called the Family Provision Act 1972.

The amendments are contained in an amending Act, the Inheritance (Family and Dependants Provision) Amendment Act 2011. While the Amending Act was proclaimed in 2011, the substantive provisions came into force on 16 January 2013. They will impact various aspects of inheritance claims in Western Australia.

What follows is a brief summary of some of the key changes. Please note that this is not an exhaustive list of the amendments.

Should you have any queries, or require any specific advice in relation to the implications of the Amending Act please do not hesitate to contact our office to arrange an appointment with one of our lawyers

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