NSW government moves to overhaul inheritance laws

The Law Society of NSW has welcomed plans by the state government to overhaul legislation governing wills and estates so that adult children will retain an automatic right to claim an inheritance.

President of the Law Society, Hugh Macken, says that the government’s proposed amendments to the Succession Act 2006 are an important step, not only in the national harmonisation of laws, but in making sure laws governing wills and estates adequately respect the rights of family members.

“The proposed amendments combine the best of the old with the new,” said Mr Macken.

“We applaud the government’s respect for the interests of children by maintaining the clear rights of both minors and adult children to make a claim on a will under the family provision arrangements.

“These proposed amendments take into account the changing nature of Australian families, so for example, if a spouse remarries and has a second family, children from a previous marriage have the ability to seek entitlements.”

Mr Macken also welcomed moves by the Attorney-General to focus on the need for mediation in family disputes.

“For a long time now, the legal profession has been driving alternative dispute resolution.

“These proposed amendments reinforce the importance of mediation in the case of family break-ups.”

Mr Macken said that the Government raised valid points concerning the area of costs and legal fees in family provision claims.

“We are keenly aware that costs are an issue and have already begun a dialogue with practitioners and the judiciary to consider solutions and ultimately help provide a remedy.”