The Administration Act 1903 (WA) governs the rights of inheritance of property. It provides a regime for the orderly winding up of a deceased person’s affairs and the administration of his or her property in the interests of creditors and beneficiaries. Much of the day-to-day operation of the Act in non-contentious matters is governed by the Non-Contentious Probate Rules 1967 (WA), which are made under the authority of the Act. The operation of the Act in contentious matters is governed by the Rules of the Supreme Court 1971 (WA), in particular Order 73. However the Commission’s terms of reference did not extend to either of these.
Terms of Reference
In 1989 the Commission was asked to review the Administration Act 1903 (WA).
Outcomes
The recommendations of the Commission have not been legislatively implemented, however the report is currently being considered by the Attorney General's Working Group on Succession.
