The current statutory scheme at Prob C §§21310–21315 ostensibly governs the enforceability of a no-contest clause in any instrument that became irrevocable on or after January 1, 2001.Prob C §21315(a). But whether this scheme is conclusive or not depends on the date of irrevocability.
For instruments that became irrevocable on or after January 1, 2001, but before January 1, 2010, the current statutory scheme presumptively applies, but Prob C §3 might permit application of the former law. Donkin v Donkin (2013) 58 C4th 412. In a sense, there are overlapping enforcement regimes for instruments that became irrevocable in this period: they are now governed byProb C §§21310–21315, but they were governed at the time of irrevocability by repealed Prob C §§21300–21322 and associated case law. The default rule is hence that the current law presumptively applies to these instruments, subject to Prob C §3.