Should Tasmania introduce ‘notional estate’ laws?, Tasmania Law Reform Institute, Final Paper No. 28

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 (TLRI), which will look at whether ‘notional estate laws’ should be introduced in Tasmania. The review is the subject of this issues paper. Notional estate laws enable assets that fall outside a deceased estate, including certain gifts the deceased made within three years of their death, to be ‘clawed-back’ and included in the pool of estate assets available for spouses and children to claim. Public feedback on the paper is being sought until 24 May 2019.