The reference arose from problems recognised in the law relating to the administration of insolvent estates. The primary problems were the complexity of the law, a personal representative’s right of preference over creditors, and the absence of separate provisions to deal with small insolvent estates.
Terms of Reference
In 1972, the Committee was asked to consider and report on the law relating to the administration of estates of persons dying insolvent. 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 Acts Amendment (Insolvent Estates) 1984 (WA) which amended the Administration Act 1903 (WA), implemented the Commission’s recommendations.
