Page 620 - Week 05 - Tuesday, 4 July 1989
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Mr Moore: Shame on you!
Mr Humphries: Shame!
MR STEFANIAK: Indeed, shame, shame! As has been said, the ACT Supreme Court raised doubts about the ability to grant probate to the Public Trustee of a will made by a person where the Curator of Estates of Deceased Persons was named as executor and that person died after the commencement date of the Act.
This is a necessary and timely amendment, and I have checked to see whether anyone has any problems with it. Certainly I have received a reply from the Law Society of the ACT, and it indeed has no objections to the Public Trustee (Miscellaneous Amendments) (Amendment) Bill as presented. Accordingly, and having looked at the legislation, I feel it is a useful amendment. Certainly I am in support of it.
MR COLLAERY (3.47): My comments again mirror those of my colleague Mr Stefaniak. I wish to draw to the attention of the Chief Minister the fact that as Attorney-General she may, by notice in writing, publish in the Australian Capital Territory Gazette determined fees and charges for the purposes of the Public Trustee Ordinance 1985.
Having regard to what we see on our milk cartons - that is, the advertisements by the Public Trustee for work in drawing wills and the like - I would point out that I asked a member of my staff to let me know what the charges were currently for a will. They are: husband and wife, $60; individually, $40; age or invalid pensioner, no charge. The Public Trustee is to be congratulated with respect to the provision of age and invalid pensioner no-charge facilities for making wills.
Mr Speaker, it has been my view for many years as a practitioner in this Territory that there is very little education in the school system. All the teachers here, and ones missing, should hang their heads in shame that very little education is given on testamentary disposition in our schools. Very many young persons die intestate as a result, because the law is based on capacity. From 18 years of age people occasionally have, particularly through insurance claims and the like after their death, substantial property that moves into intestacy.
We do very little in our schools about encouraging young persons to make a testamentary disposition. That creates vast problems for already troubled and grieving parents. One hopes that the administrators of the Public Trustee Ordinance - I am not sure what section of the Chief Minister's department administers that - will look at a proper liaison with the Law Society of the ACT on that issue at an early date.
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