Succession Laws

Project Status:

Tabled in parliament

Start Date:

02/03/2012

Tabled in Parliament Date:

25/10/2013

Reference

Victoria’s succession laws have long conveyed enduring values about the the transfer of wealth from one generation to the next. But there is no doubt that community expectations have changed in recent decades. Increasingly complex family structures, longer life spans and a more accessible legal system had made current laws unwieldy. With this new environment in mind, the Attorney-General, in March 2012, asked the Commission to review the laws of succession. Following a nationwide project conducted by the National Committee for Uniform Succession Laws, the review was to ensure Victorian law operates justly, fairly and in accordance with community expectations.

Over the following months, we published six concise consultation papers, each dealing with a separate issue in succession law: Wills, Family Provision, Intestacy, Executors, Debts and Small Estates. (Links to these papers are below)

Out of a call for responses, we received 46 submissions. We also consulted widely.

Tabled on 15 October 2013, the Commission’s report contains 78 recommendations aimed to:

  • reduce the costs of administering small estates, making it easier and cheaper to administer an estate when a person dies.
  • make the law clearer about which family members can challenge a will under family provision laws.
  • make the commissions and costs charged by executors more transparent, and provide new avenues for resolving disputes.
  • provide better public information to help will-makers, administrators and executors of wills.
  • bring Victoria in line with other states in relation to various succession laws.

You can download the report, and other documents related to the inquiry, from the links below.

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Project Stage

  • Terms of reference received
  • Submissions and consultations
  • Submissions closed
  • Final Report
  • Tabled in parliament

Publications

Publication Date

15/10/2013

The Commission’s report on its review of succession laws was tabled in the Victorian Parliament on 15 October 2013. Read more
Publication Date

15/10/2013

The Commission’s report on its review of succession laws was tabled in the Victorian Parliament on 15 October 2013. Read More
Publication Date

01/04/2013

The Commission received the following submissions for its review of Succession Laws. Read more
Publication Date

01/10/2012

Publication Date

01/10/2012

Publication Date

01/10/2012

Publication Date

01/10/2012