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Law of Succession (eBook)

Law of Succession (eBook)

Dal Pont, G; Mackie, K, 2012

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Format ISBN Price
eBook 9780409331929 $285.00
Book 9780409331912 $285.00

The Law of Successionby Gino Dal Pont and Ken Mackie contains an up-to-date account, commentary and analysis of the Australian law of succession.

 

Format: ePub

Description

IMPORTANT NOTICE:
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Click here to read the review first published on Hearsay - Electronic Journal of the Bar Association of Qld - Issue 63: July 2013.

Click here to read the review first published in ETHOS - ACT Law Society Issue 228 June 2013.

 

The Law of Succession by Gino Dal Pont and Ken Mackie contains an up-to-date account, commentary and analysis of the Australian law of succession. Although history cannot but colour the modern law, the Law of Succession avoids an overtly historical focus and instead targets what is most pertinent in modern Australian succession practice and theory. It also adopts a comparative slant, with frequent reference to material, including case law, statute and law reform commission reports, from other common law jurisdictions, to provide a counterpoint for Australian law.

Features
· Focusing on modern practice and theory underscoring Australian succession law
· Explaining the theory behind the relevant legal rules, as well as counter-views, in order to clarify the context within which succession law operates.
· Frequent reference to case law, statutes and law reform commission reports from other common law jurisdictions, so as to provide a truly comparative approach to Australian succession law and practice.


Table of Contents

PART I - WILLS AND INTESTACY
1. NATURE OF A WILL
2. MENTAL ELEMENTS
3. STATUTORY WILLS
4. FORMAL ELEMENTS
5. REVOCATION AND AMENDMENT OF WILLS
6. REPUBLICATION AND REVIVAL OF WILLS
7. GIFTS BY WILL
8. CONSTRUCTION OF WILLS
9. INTESTACY
PART II - PERSONAL REPRESENTATIVES
10. THE OFFICE OF PERSONAL REPRESENTATIVE
11. GRANTS OF REPRESENTATION
12. DUTIES OF PERSONAL REPRESENTATIVES
13. POWERS AND ENTITLEMENTS OF PERSONAL REPRESENTATIVE
14. ALLOCATION AND DISTRIBUTION OF ESTATE
PART III - FAMILY PROVISION
15. CONCEPT OF FAMILY PROVISION
16. ELIGIBILITY TO APPLY FOR FAMILY PROVISION
17. APPLICATIONS FOR PROVISION
18. PARTICULAR CLASSES OF APPLICANTS
19. RELEVANT CONSIDERATIONS IN MAKING ORDER
20. FAMILY PROVISION ORDERS
PART IV - MISCELLANEOUS MATTERS
21. A STATUTORY HISTORY OF WILLS IN ENGLAND AND AUSTRALIA
22. CONFLICTS OF LAW IN SUCCESSION
23. COSTS IN MATTERS INVOLVING DECEASED ESTATES
24. LAWYERS' RESPONSIBILITY AND LIABILITY

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