Succession: Families, Property and Death, 6th edition
A comprehensive resource book for practitioners and students
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Succession: Families, Property and Death is designed not only to expound succession law in Australia as it is, including the recognition, if at all, of Aboriginal customary law, but also to consider the law in its national and international setting by considering rules of private international law; to reveal how it has developed by taking an historical focus; to consider the objectives sought to be satisfied by succession law as a basis of understanding and for the evaluation of existing rules; and to consider some comparative approaches to the problems of inheritance.
As a teaching tool, it extracts cases at length rather than in small pieces to enable students to develop a sense of the forms of judicial argument which are used in succession law, allowing for a deeper analysis of the judgments than has traditionally been possible.
As a practitioner resource, this text also covers comprehensively and critically such bread-and-butter topics of a succession lawyer as formal validity of a will, challenges to that validity, dispensing with formal requirements for a will, rectification, and claims for a family provision order.
Includes new commentary on:
• digital property
• Jewish inheritance law
• definition of family for succession purposes, including Aboriginal concept of kinship and posthumous children
• joint tenancy and the right of survivorship
• voluntary assisted dying
• Benjamin orders
• disputes about disposal of the body
• recognition of aboriginal customary law and tradition in distribution on intestacy
• determining capacity and dealing with future loss of capacity
• electronic signing and witnessing of wills
• formal validity rules and dispensing powers
• sale of specific gift after death
• ademption of gifts
• the forfeiture rule
• family provision
• administration of the estate
• Dal Pont, Law of Succession, 3rd edition
• Dal Pont, Law of Executors and Administrators, 1st edition
• De Groot & Nickel, Family Provision in Australia, 6th edition
• Mackie & Histed, Principles of Australian Succession Law, 4th edition
Table of contents
- Part 1: The Context of Succession Law
- 1. What is Succession Law?
- 2. The Relationships of Succession: The ‘Family’
- 3. The Boundaries of the Law of Succession
- 4. Death, Bodies and Succession
- Part 2: Intestacy
- 5. Where There is No Will – Intestacy
- Part 3: Wills
- 6. The Testator’s Mind
- 7. The Formal Process
- 8. Dispensing with the Formalities
- 9. The Testator’s Changing Mind: Revocation and Alteration of Wills
- 10. Establishing the Text: Mistake and Rectification in the Probate Court
- 11. Establishing the Meaning
- 12. When Gifts Fail: Technical Rules
- 13. When Gifts Fail: Equitable Doctrines
- 14. Public Policy and Succession
- Part 4: Family Provision
- 15. Family Provision
- Part 5: Administration of the Estate
- 16. The Representatives
- 17. The Administration Process