Uniform succession laws    

​​Reference received: 5 May 1995

Note: This was a joint project conducted by the National Committee for Uniform Succession Laws with all States and Territories under the direction of the Queensland Law Reform Commission. ​

The Law of Wills

Report 85: Uniform Succession Laws: The Laws of Wills [PDF, 544Kb], April 1998

Tabled in parliament: 30 June 1998

Report 85 legislative action: Succession Bill 2006 (NSW); Wills Amendment Bill 2006 (WA); Succession Amendment Act 2006 (Qld); Wills Act 2000 (NT)

Note: The Report of the National Committee on The Law of Wills has also been published, with some modification, by the Queensland Law Reform Commission, Report 52​

Report 85 judicial citation: Estate of Scott [2014] NSWSC 465 [98], [101]

Issues Paper 10: Uniform Succession Laws: The Law of Wills , February 1996.

[Also published by the Queensland Law Reform Commission, WP 46]

Family Provision 

Report 110: Uniform Succession Laws: Family Provision [PDF, 330Kb], May 2005

Tabled in parliament: 18 October 2005

NSW Law Reform Commission Media Release - Commission support uniform laws on family provision (26 July 2005)

Note: The National Committee's Report and Supplementary Report on Family Provision have been published by the Queensland Law Reform Commission, Miscellaneous Paper 28, December 1997 and Report 58, July 2004

Report 110 legislative action: Succession Amendment (Family Provision) Act 2008 (NSW)

Report 110 judicial citation: Stern v Sekers [2010] NSWSC 59 [179]; Hitchcock v Pratt[2010] NSWSC 1508 [13]; Aubrey v Kain [2014] NSWSC 15 [121]; Wardy v Salier [2014] NSWSC 473 [114]

Issues Paper 11: Uniform Succession Laws: Family Provision , February 1996.

[Also published by the Queensland Law Reform Commission, WP 47]

Issues Paper 11 judicial citation: Stiles v Joseph (NSW SC, No 4213/93, Master Macready, 16 December 1996, unreported), 16

Administration of deceased estates 

Report 124: Uniform Succession Laws: Administration of Estates of Deceased Persons [PDF, 1Mb], December 2009

Tabled in parliament: 16 February 2010

The National Committee's Report on the Administration of Estates by Deceased Persons has been published by the Queensland Law Reform Commisssion, Report 65, April 2009 

Discussion Paper 42: Uniform Succession Laws: Administration of Estates of Deceased Persons , October 1999.

The Discussion Paper by the National Committee on the Administration of Estates of Deceased Persons has also been published, in different format, by the Queensland Law Reform Commission, MP 37 (June 1999)

Issues Paper 21: Uniform Succession Laws: Recognition of interstate and foreign grants of probate and letters of administration , May 2002

A more detailed discussion paper on the Recognition of interstate and Foreign Grants of Probate and Letters of Administration has been published by the Queensland Law Reform Commission, WP 55 (December 2001)

Intestacy

Report 116: Uniform Succession Laws, Intestacy [PDF, 1Mb], April 2007

Tabled in parliament: 5 June 2009 

Report 116 judicial citation: Public Trustee v O'Donnell [2008] SASC 181 [51]; Gundy v Eatts [2013] QSC 297 [41]

Report 116 legislative action: Succession Amendment (Intestacy) Act 2009 (NSW)

Research Report 13: I give, devise and bequeath: an empirical study of testators' choice of beneficiaries [PDF, 1Mb], February 2006

NSW Law Reform Commission Media Release - Where there's a will...(14 March 2006)

Issues Paper 26: Uniform Succession Laws: Intestacy [PDF, 586Kb], April 2005​​

Terms of reference

To inquire into and report on the existing law and procedure relating to succession and to recommend and draft a model State and Territories law on succession.

In undertaking this inquiry the Commission is to consult with the Queensland Law Reform Commission which has accepted responsibility for the coordination of a uniform succession laws project. ​

Note: See previous references:​

Reference 11: Testator's family maintenance

Reference 47: Wills: execution and revocation

Reference 67: Wills for persons lacking will-making capacity