Terms of Reference

Referred by the Governor in Council on 3 June 2003.

This reference was reinstated from the 54th Parliament. The terms of reference are identical to those of the previous inquiry.

The Governor in Council, under section 12 of the Parliamentary Committees Act 2003, requests that the Law Reform Committee of Parliament

Inquire into, consider and report to Parliament on:

The Administration and Probate Act 1958 and in particular to have regard to issues including, but not limited to:

  1. the desirability of new legislation and procedures to deal with the administration of a deceased person's estate;
  2. whether the act should be amended to provide alternative mechanisms for the resolution of disputes that involve small estates;
  3. whether the Magistrates Court and the County Court should also be given jurisdiction to deal with grants of probate and administration and deal with disputes relating to wills; and
  4. whether amendments are necessary in relation to the charges and commissions of solicitors who also act as executors.

Responsible Minister:

Steve Bracks