Uniform Succession Laws
Author: New South Wales. Law Reform Commission
Publisher:
Published: 1998
Total Pages: 268
ISBN-13:
DOWNLOAD EBOOKAmong the States and Territories there are numerous significant differences in the law of wills. In intestacy, the rights of a surviving spouse vary greatly from jurisdiction to jurisdiction. In family provision schemes, qualification to apply for provision is far from uniform, as are also the grounds on which the courts in different jurisdictions may order that provision be made. In the administration of deceased estates, there is a lack of uniformity in the law relating to devolution of title and the payment of debts from assets, and uncertainty with respect to interstate recognition of grants of probate. Less significant differences are numerous, particularly in those relatively neglected areas of law reform such as probate and administration. To date, in Australia, State and Territory succession laws have been reformed in a piecemeal manner. The development by the National Committee of model legislation to be used as the basis for reform by individual States and Territories provides an opportunity for the States and Territories to adopt uniform, or at least consistent, laws relating to wills.