In the last edition of Wills Watch, it was noted that Victoria had assented to the Wills Amendment (International) Act 2012 on 27 June 2012. Since then, developments have occurred in other Australian states.
In our last edition, attention was drawn to the passage through the Australian State Parliaments of legislation to give effect to the international convention providing for a uniform law in the form of an International Will. To enable the Commonwealth to accede to that convention, all Australian States need to pass amendments to their respective legislation regarding wills.
Tasmania assented to the Wills Amendment (International Wills) Act 2012 on 13 November 2012.
In South Australia, the Wills (International Will) Amendment Act 2012, received assent on 22 November 2012.
In New South Wales, the Succession Amendment (International Wills) Bill 2012 was assented to on 10 October 2012 but also is yet to be proclaimed.
In Western Australia, the Wills Amendment (International Wills) Bill 2012 to amend the Wills Act 1970 was assented to on 29 November 2012 and like New South Wales, is yet to be proclaimed.
It remains now for Queensland to take the necessary steps to amend its wills legislation. When that occurs, it is to be anticipated that all States will then proclaim their respective International Wills Legislation so that the Commonwealth can then take steps to accede to the Convention.
As set out in the last edition of Wills Watch, this shall make it easier for those with assets across the Convention subscribing countries to make a will in one jurisdiction to cover all of their assets.