Background

 

Terms of reference

1.1    On 1 March 2012, the Attorney-General asked the Victorian Law Reform Commission to report by 1 September 2013 on a number of succession law matters. View the terms of reference. 

1.2    The purpose of the review, as set out in the terms of reference, is to:

(a) ensure that Victorian law operates justly, fairly and in accordance with community expectations in relation to the way property is dealt with after a person dies

(b) ensure that the processes to resolve disputes about the distribution of such property are efficient, effective and accessible

(c) identify practical solutions to problems that may still be outstanding in Victorian law and practice following the recommendations of the National Committee for Uniform Succession Laws established by the Standing Committee of Attorneys-General.

1.3    The terms of reference then specify 11 topics that the Commission should examine in particular.

 

The Uniform Succession Laws project

1.4    In conducting the review, the Commission is to take account of recommendations made by the National Committee for Uniform Succession Laws. The National Committee guided the National Uniform Succession Laws project, which was an initiative of the former Standing Committee of Attorneys-General (SCAG).1

1.5    In 1991, SCAG agreed to develop uniform succession law and practice acrossAustralia.

The following year, it asked the Queensland Law Reform Commission to coordinate the project. The project was guided by the National Committee, comprising representatives from all jurisdictions.

 1.6    The National Committee conducted extensive research in conjunction with a number of law reform bodies over a period of 14 years and published reports on the law of wills (1997), family provision (1997 and 2004), intestacy (2007) and the administration of deceased estates (2009).

 

FOOTNOTE

     Now known, since September 2011, as the Standing Council on Law and Justice. It comprises Commonwealth, state and territory attorneys-general and the New Zealand Minister for Justice.

Publication Status: 
Publication Process: 
Date Published: 
Wednesday, January 30, 2013 - 16:15

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