Lawyers in Australia will have to choose between taking their clients to court or the probates court for their probate law.
A number of Australian jurisdictions have recently introduced probate courts as alternatives to the state courts. Read more The most common of these are the Commonwealth, Northern Territory, Victoria and Queensland.
The ABC understands the Commonwealth Probate Jurisdiction Authority (CPAJA) has recommended that all jurisdictions introduce probate judges, but it is still up in the air whether the government will follow suit.CPAJA chief executive Mark Waddell told the ABC the CPAJA would consider any new rules or legislation related to probate.
“The CPAJAs own decision will not be influenced by a particular government policy, but its always been a matter for the local jurisdiction to make their own decision,” he said.
“So it’s a matter of choice.”
The WA Government has already said it will not implement any probate changes.
A spokesman for Attorney-General Jarrod Bleijie said the Government would not consider probate laws in WA, but did not rule them out.
“There is nothing stopping WA from introducing probate legislation, as long as the laws provide for the appropriate governance structure,” the spokesman said.
Mr Waddel said the WA Government was considering whether to adopt the CPMA recommendation.
“I would expect the WA government to review the recommendations of the CPGJA to ensure the measures adopted in WA are consistent with its own laws and policies,” he told the CTV News website.
“It is a matter that will be looked at very carefully and it’s something that we’ll be looking at very closely.”