So what does this mean?
Firstly its good that something in happening, but remember the legal profession has been "investigating" this nationally for 15 years and almost nothing has happened.
John Rau has asked the Law Society's Probate Committee to review the laws which is great. My concern is The Law Society's principal mission is to represent its members and the legal profession in general. Does this mean they are qualified to develop policy for the government that reflect community values ?
Another good thing that is happening, although not mentioned in the letter? is that John Rau recently re-started the South Australian Law Reform Commission and one of its first tasks is to look at will law. Hopefully it wont use NSW Succession ACT as a guide for reform, the NSW family provision Act as this is a complete debacle. Hopefully they will use the THE SCOTTISH LAW COMMISSION method and use research into public views as a basis for reform.
So in short unless we continue to send Mr Rau letters outlining our concerns the process for change will stall and we can look forward to decades more of injustice.
I encourage you to write to the Attorney-General in support of changes to make the law restrict valid claimants to spouses, non adult children and those legally dependent on deceased at the time of death.
If you are not in SA you should be telling your local MP the same things. Ideally we should have uniform national laws, its a bit of a joke that each state a territory has a different law of wills.
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Below is the letter from John Rau (Attorney-General)
Deputy Premier Attorney-General The Hon John Rau MP 3o March,2011 Miss Chloë Fox M.P. Government Member for Bright of South Australia 7 Sturt Road Deputy Premier BRIGHTON S.A. 5048 Attorney-General Minister for Justice Minister for Urban Development, Planning and the City of Adelaide
Minister for Tourism
Minister for Food Marketing
45 Pine Street
Adelaide SA 5000
GPO Box 464
Adelaide SA 5001
DX336
Tel 0882071723
Fax 0882071736
attorney-general@agd.sa.gov.au
Dear Chloe I write in response to your further letter on behalf of your constituent Mr Anastasi about the Family Provisions Act 1972 (the Act). I understand that Mr Anastasi objects to the way that the current law is being interpreted and that he supports reform of the Act. You may wish to let Mr Anastasi know that I recently asked the Law Societys Probate Committee to review the laws and provide me with their views about what, if any, provisions of the Uniform Succession Laws may be appropriately incorporated into South Australian law. I will endeavour to keep you informed about the progress of this matter and I apologise for the delay in providing this response. Yours sincerely
John Rau Deputy Premier Attorney-General
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Below is the cover letter from Chloe Fox
Mr Greg Anastasi xx xxxxx xxxxx xxxxxx SA xxxx April 28, 2011 Dear Mr Anastasi, I am writing to you in relation to your concerns regarding certain aspects of the Family Provisions Act 1972. As you are aware, I contacted the Attorney-General, the Hon. John Rau MP, in relation to this issue. I have since received a response and enclose a copy for your information. I apologise for the delay in receiving a response from the Attorney-General. The response indicates the Attorney-General has asked the Law Society’s Probate Committee to review the laws and provide their views about which, if any, provisions of the Uniform Succession Laws may be incorporated into South Australian Law. It is my privilege to assist you as a member of State Parliament. Please contact my office anytime you wish to express an opinion on state laws or issues. Yours sincerely, CHLOE FOX MP Member for Bright