Section 6 of the Family Provision Act 1972 (WA) empowers the court to make provision for a successful claimant by way of a discretionary trust that includes as beneficiaries persons who are not eligible applicants under s 7, provided the order is made for the purpose of the claimant's proper maintenance, support, education or advancement in life. It is a permissible exercise of the statutory discretion to structure provision to quarantine it from the claimant's creditors, provided the order does not alter existing or vested entitlements of creditors. Section 13 does not limit the general power in s 6 because the two provisions do not have the same subject matter.
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