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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-11-14 Daily Xml
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WILLS (INTERNATIONAL WILLS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 1 November 2012.)

The Hon. S.G. WADE (17:52): I rise on behalf of the Liberal opposition to indicate our support for the Wills (International Wills) Amendment Bill 2012. The Attorney-General introduced the bill in the House of Assembly on 17 October 2012. The bill proposes to incorporate uniform international law into the Wills Act 1936. The uniform law seeks to provide recognition and consistency between international jurisdictions for wills and operates in addition to existing state and territory law on wills.

The uniform law was developed by UNIDROIT, which stands for the International Institute for the Unification of Private Law. UNIDROIT has 12 state partners, including Australia, Canada, France and Italy, as well as eight other foreign state signatories. Australia has been a member of UNIDROIT since 1973, but it is not a signatory to the UNIDROIT convention.

In July 2010, the Standing Committee of Attorneys-General, commonly known as SCAG, agreed to adopt the uniform law so that Australia could accede to the convention. The bill proposes to insert the uniform law into schedule 1 of the Wills Act 1936. The international will requirements are similar to the requirements for wills under South Australian law, albeit with an additional requirement that it be certified by an authorised person.

The convention states that, given the power to designate who should be an authorised person, SCAG agreed that in Australia the authorised persons should be legal practitioners and public notaries. During consultation on the bill, the Law Society of South Australia suggested that legal practitioners be one of the authorised persons. An authorised person must attach a certificate to the will stating that the proper formalities have occurred.

Equivalent legislation passed the Australian Capital Territory legislature on 27 March 2012 and Victoria on 27 June 2012, and I understand it is currently being considered in both the Tasmanian and Western Australian parliaments. The amendment to the Wills Act recognises the impact of international migration on our population. The Liberal opposition welcomes the fact that the amendment to the Wills Act will assist citizens of UNIDROIT countries who migrate to Australia and South Australians who have beneficiaries in other UNIDROIT jurisdictions.

Our largest migrant source country, the United Kingdom, is a signatory to the convention. The second, Italy, is not a signatory but has ratified the convention. If South Australians do not need to avail themselves of this interjurisdictional recognition, or do not wish to go to the trouble of obtaining a certificate from an authorised person, they would still retain the choice to have a will under the existing provisions. I commend the bill to the council.

Debate adjourned on motion of Hon. K.J. Maher.

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