Victorian Law Reform Commission Review of Succession Laws

Attorney-General Robert Clark has today announced a review of Victoria’s succession laws, to be undertaken by the Victorian Law Reform Commission.

Mr Clark said the review would seek to ensure these laws operate justly, fairly and in accordance with community expectations in the way property is dealt with after a person dies.

“This review reflects the Government’s commitments to seek to ease burdens on Victorian families, to cut red tape and to make justice more affordable and accessible,” Mr Clark said.

“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.

“If disputes about wills and inheritance end up in the courts, large parts of the estate can easily end up consumed in legal fees.

“Whenever possible, the law should minimise the potential for disputes to arise in the first place.

“For this reason, the VLRC has been asked to examine issues such as whether the law about family provision applications – where a person claims that the will of the family member who has died did not make proper provision for them – is operating justly and effectively to protect those for whom the deceased had a responsibility to provide, while not opening up the way for unjustified claims that are contrary to the deceased’s wishes as set out in their will.

“Where disputes do arise, the inquiry will seek to ensure that the legal processes for resolving those disputes are as efficient, effective and accessible as possible for ordinary Victorian families,” Mr Clark said.

The review will examine and report on a wide range of matters relating to wills, estate administration and inheritance, including:
– requirements for witnessing of wills
– making wills on behalf of people with disabilities
– family provision applications
– distribution of estates on intestacy
– law and practice relating to small estates
– the awarding of legal costs in succession cases.

The VLRC has been asked to report on its review no later than 1 September 2013.