The Standing Committee of Attorneys General (SCAG) has been working on a Uniform Succession Laws project for more than ten years. The goal behind the project is the development of model legislation to be used as the basis for reform by States and Territories.
Where a person dies, and there is no valid will to distribute any property owned by the deceased, the property is distributed according to a scheme set out in legislation. This method of distribution is referred to as intestate succession.
In Tasmania intestacy provisions are currently contained in Part V of the Administration and Probate Act 1935. There is little doubt that the current intestacy provisions need updating.
In March 2007, the National Committee for Uniform Succession Laws released this “Report on Intestacy” to SCAG. The report includes a draft model Bill. There are several significant differences between the current provisions and those of the draft model Bill. A brief summary of the major differences are to be found at
The Department of Justice is currently seeking feedback on the recommendations contained in this Report and the provisions in the draft model Bill. For further information please contact Emma Gunn on 6233 2445 or at emma.gunn@justice.tas.gov.au.
