The reference arose as a result of difficulties associated with the distribution of estates of individuals who die leaving assets outside the state or territory in which they resided. In addition, there may also be claims that remain in effect from another state or territory.
It was resolved by the Standing Committee of Attorneys-General that the Commission should conduct this reference with a view to making recommendations that were suitable for adoption on a uniform basis throughout Australia.
Terms of Reference
In 1976, the Commission was asked to review the law relating to the recognition in Western Australia of grants of probate and of administration made outside Western Australia with a view to proposing uniform legislation thereon throughout Australia. This reference was an extension of the general reference to review the law of trusts and the administration of estates given to the Committee in 1972.
Outcomes
In June 1986, the Governor announced that legislation to implement the recommendations made in the Commission’s final report would be introduced,3 however these plans subsequently stalled. In 1993-partly as a result of the failure of the Standing Committee of Attorneys-General to adopt the recommendations for uniform laws-the Queensland Law Reform Commission was asked to make recommendations designed to unify the laws in all Australian states and territories relating to succession on death.
The recommendations remain current. However, in so far as they address national uniformity of succession laws, they remain contingent upon the findings and proposals of the QLRC.
