The report recommends that Tasmania’s existing laws enabling family members to dispute an inheritance should not be changed to cover non-estate assets without national consistency. It recommends that ‘notional estate’ laws, which extend claims to a broader range of assets, including assets a person gifted before their death, be looked at nationally.

Ensuring family members are ‘properly provided for’ following the death of a loved one is the focus of a review of estate laws by the Tasmania Law Reform Institute, which will look at whether ‘notional estate laws’ should be introduced in Tasmania. The review is the subject of this issues paper.

This report recommends a major overhaul of Tasmania’s guardianship laws, which are outdated and need to be reformed to advance the rights of people with disability. It is the first comprehensive review of the Act since it came into force 20 years ago.

This issues paper, reviewing the the Guardianship and Administration Act 1995 (Tas), covers the laws relating to people with disability, unable to make decisions about their personal and financial matters or medical treatment.