The law relating to the administration of estates of deceased persons in Western Australia is largely contained in the Administration Act 1903 (WA). The rules contained within the Act that govern the order in which assets are to be applied to the testator’s debts are widely recognised as being archaic, overly technical and obscure. Upon receiving the general reference in 1972, the Commission identified this as an area requiring reform.
Terms of Reference
The Commission was asked to consider and report on the administration of the assets of the solvent estates of deceased persons with regard to the payment of debts and legacies. This reference was part of a general reference to review the law of trusts and the administration of estates given to the Committee in 1972 and adopted by the Commission upon its inception.
Outcomes
In 1993 the Queensland Law Reform Commission (QLRC) was asked to make recommendations designed to unify the laws in all Australian states and territories relating to succession on death. The Uniform Succession Law Project Committee, which was established to further the work of the QLRC, presently has representatives from every jurisdiction except Western Australia. In June 1999, the Project Committee issued a discussion paper, which addressed succession law reform generally. The proposals were also considered in Project No. 88, which recommended that the reforms be adopted.
