The reference arose as a result of concerns that the laws in Western Australia relating to intestacy did not adequately reflect prevailing social attitudes. Further, it was considered that the law should be more readily ascertainable, with a focus on brevity and simplicity.
Terms of Reference
In 1972, the Committee was asked to consider and report on the law relating to the distribution of estates of persons dying intestate. This reference was part of a general reference to review the law of trusts and the administration of estates, and was adopted by the Commission upon its inception.
Outcomes
The Administration Act Amendment Act 1976 (WA) implemented many of the Commission’s recommendations. The legislation deviated from the recommendations with respect to the value of entitlement to spouses, and the estate passing to the Crown where no listed relatives survived. The remaining recommendations were implemented by the Administration Amendment Act 1984 (WA).
