1.1 This Discussion Paper outlines, and invites comments on, the issues identified to date by the National Committee in relation to the administration of estates, with the exception of issues relating to the recognition of interstate and foreign grants of probate and letters of administration. The latter issues will be the subject of a further Discussion Paper to be prepared by the National Committee.

2. ABBREVIATIONS

1.2 Throughout this Discussion Paper, reference is made to the legislation of the Australian States and Territories, the United Kingdom and New Zealand and to the relevant rules of court of the Australian States and Territories. Unless otherwise stated, those references are to the legislation and rules set out in the following tables. To date, the National Committee has not identified and/or validated the relevant provisions in all the jurisdictions reviewed. The National Committee would be grateful for any additional information which would assist it to provide a more comprehensive coverage of the law relating to the issues under review in its Report to the Standing Committee of Attorneys General.

(a) Legislation

QLD	Succession Act 1981 (Qld)
ACT	Administration and Probate Act 1929 (ACT)
VIC	Administration and Probate Act 1958 (Vic)
NSW	Wills, Probate and Administration Act 1898 (NSW)
SA	Administration and Probate Act 1919 (SA)
WA	Administration Act 1903 (WA)
NT	Administration and Probate Act (NT)
TAS	Administration and Probate Act 1935 (Tas)
UK	Administration of Estates Act 1925 (UK)
NZ	Administration Act 1969 (NZ)

(b) Rules of Court

QLD	Rules of the Supreme Court 1900 (Qld)
ACT	Supreme Court Rules (ACT)
VIC	Supreme Court (Administration and Probate) Rules 1994 (Vic)
NSW	Supreme Court Rules 1970 (NSW)
SA	The Probate Rules 1998 (SA)
WA	Non-Contentious Probate Rules 1967 (WA)
NT	Rules of the Supreme Court (NT)
TAS	Probate Rules 1936 (Tas)

3. COMMENTS AND SUBMISSIONS

1.3 The National Committee invites members of the public and organisations with an interest or expertise in the issues under review to comment on any issue considered by the National Committee and on the National Committee’s proposals set out at the end of the discussion of each issue or set of issues. Specific questions have also been included in this Discussion Paper.

1.4 Comments on any relevant issue not addressed in the Discussion Paper would also be welcomed. In particular, the National Committee seeks comments on issues which will need to be addressed in model legislation on the administration of estates.

1.5 Details on how to make written, electronic or oral submissions are provided at the beginning of this Discussion Paper.