A WA parliamentary question on notice addresses the need for succession law reform. The Attorney General acknowledges the need and indicates action has been taken by establishing a working group to review relevant reports.

AnsweredQoN 1873Legislative Assembly
Asked
9 September 2003
Portfolio
Attorney General

QuestionView source ↗

(ii) is the Attorney-General aware that there is an urgent need for comprehensive reform of Western Australia’s succession laws; (iii) if so, when does the Attorney General intend on initiating such comprehensive reforms; and (iv) if the Attorney General does intend to act, does he intend to follow the model proposed by the Western Australian Law Reform Commission in 1988?
(iii) if so, when does the Attorney General intend on initiating such comprehensive reforms; and (iv) if the Attorney General does intend to act, does he intend to follow the model proposed by the Western Australian Law Reform Commission in 1988?
(iv) if the Attorney General does intend to act, does he intend to follow the model proposed by the Western Australian Law Reform Commission in 1988?
(ii) Yes, some areas of Western Australia’s succession laws, for example, section 14 of the Administration Act 1903 (WA) , may need to be reformed. (iii) & (iv) I have already acted to establish a Working Group whose terms of reference will require it, for example, to consider: (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission on: i.) Recognition of Interstate & Foreign Grants of Probate & Administration, Project 34(IV) (Nov. 1984); ii.) Administration of Assets of Solvent Estates of Deceased Persons in Payment of Debts and Legacies, Project 34(VII) (June 1988); iii.) Effect of Marriage and Divorce on Wills, Project 76(II) (Dec. 1991); iv.) Report on the Administration Act 1903 (WA), Project No 88 (Aug. 1990); and v.) 30th Anniversary Reform and Implementation Report (2002).
(iii) & (iv) I have already acted to establish a Working Group whose terms of reference will require it, for example, to consider: (a) Reports of the Queensland Law Reform Commission on succession law; and (b) Reports of the Western Australian Law Reform Commission on: i.) Recognition of Interstate & Foreign Grants of Probate & Administration, Project 34(IV) (Nov. 1984); ii.) Administration of Assets of Solvent Estates of Deceased Persons in Payment of Debts and Legacies, Project 34(VII) (June 1988); iii.) Effect of Marriage and Divorce on Wills, Project 76(II) (Dec. 1991); iv.) Report on the Administration Act 1903 (WA), Project No 88 (Aug. 1990); and v.) 30th Anniversary Reform and Implementation Report (2002).

AnswerView source ↗

Answered
14 October 2003
Response time
35 days
(i) Yes. However, there have also been some, though not substantial, changes to Western Australian succession laws in the last 20 years.
(ii) Yes, some areas of Western Australia’s succession laws, for example, section 14 of the
Administration Act 1903 (WA)
, may need to be reformed.
(iii) & (iv)
I have already acted to establish a Working Group whose terms of reference will require it, for example, to consider:
(a) Reports of the Queensland Law Reform Commission on succession law; and
(b) Reports of the Western Australian Law Reform Commission on:
i.) Recognition of Interstate & Foreign Grants of Probate & Administration, Project 34(IV) (Nov. 1984);
ii.) Administration of Assets of Solvent Estates of Deceased Persons in Payment of Debts and Legacies, Project 34(VII) (June 1988);
iii.) Effect of Marriage and Divorce on Wills, Project 76(II) (Dec. 1991);
iv.) Report on the Administration Act 1903 (WA), Project No 88 (Aug. 1990); and
v.) 30th Anniversary Reform and Implementation Report (2002).

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