Government welcomes VLRC report on succession laws

The Victorian Coalition Government has welcomed the Victorian Law Reform Commission’s report on succession laws, which was tabled in Parliament today.

The Coalition Government asked the VLRC in March last year to examine the law on how property is dealt with after a person dies, to ensure the law operates justly, fairly and in accordance with community expectations.

The report’s recommendations include:
•limiting the range of next of kin who can inherit where a person dies without leaving a will, and increasing the proportion of the estate that goes to the deceased person’s spouse or partner;
•tightening the test for who can challenge a will on the ground that the deceased person did not make proper provision for them;
•providing greater scope for the court to order costs against a person who unsuccessfully challenges a will;
•better guidelines to detect and prevent undue influence on people making wills;
•revised rules for legal practitioners who act as executors, particularly in relation to the charging of costs and commission, and allowing the court the review charges claimed by executors;
•clearer laws to provide for situations where an asset left in a will to a specific beneficiary is sold by the will-maker’s attorney or administrator prior to their death;
•simpler rules about how debts are paid out of an estate; and
•new procedures to facilitate the administration of small estates.

Attorney-General Robert Clark said the report was an important part of reducing burdens on Victorian families, particularly at times of grief and loss.

“The death of a family member is usually a time of great sorrow and distress, and if the law relating to wills and the administration of estates is not clear, it can quickly become a source of stress and conflict for families,” Mr Clark said.

“The VLRC’s report has recommended a wide range of changes to improve how succession laws operate, and the Coalition Government will now carefully consider each of the report’s recommendations.”

Mr Clark thanked the Chair, the Hon Philip Cummins, lead Commissioner, Dr Ian Hardingham QC, and other members and staff of the VLRC for the skill and commitment they had brought to their report on this important area of the law.

The VLRC’s report can be obtained from www.lawreform.vic.gov.au.