Hutley’s Australian Wills Precedents, 9th Edition (eBook)
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Hutley’s Australian Wills Precedents is the essential reference work on the art of will drafting in Australia.
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Since its first publication in 1970, Hutley's Australian Wills Precedents has become the essential reference work on the art of will drafting in Australia. This 9th edition written by Craig Birtles and Richard Neal continues to provide an authoritative system of precedents for practitioners supported by a full explanation of the law and the authors’ opinion as to the implications for will drafters of the relevant Court decisions.
The 9th edition contains updated legislation, case law and commentary, as well as a streamlining of precedents making for a user-friendly text. New cases and statutes have been taken into account and contentious issues critically examined.
- Authoritative system of precedents
- New cases and statutes taken into account
- Analysis of contentious issues
- Analysis of Court decisions
- Covers all Australian jurisdictions
Dal Pont and Mackie, Law of Succession, 2012
Mason and Handler Succession Law and Practice NSW, looseleaf and online
Sundar, Rowland and Bailey, Testamentary Trusts, Strategies and Precedents, 2015
Table of contents
- General Considerations – Estate Planning; Validity of Will, Requirements for Capacity
- Drafting a Will using these Precedents; Taking Instructions and Structuring a Will
- Commencement and Testimonium; Wills for Assets in Foreign Countries
- Revocation Clauses
- Directions as to Disposal of the Body; Directions as to Undue Prolongation of Life; Enduring Power of Attorney
- Deaths – Simultaneous or Near-Simultaneous; Presumption of Death; Order of Deaths Clauses; Intermediate Income
- Children; Adopted and Surrogate, Ex-nuptial Children; Guardianship
- Will made in Contemplation of Marriage; The Effect of Divorce
- Provision for Spouse or Partner
- Appointment of Executors
- Payment of Executors: Gifts in Lieu of Payment; Gifts to be Independent of Acting as Executor or Trustee
- Executor’s Right to Buy Trust Assets
- Solicitors to be Employed by Executors
- Family Provision; Financial Agreements – Prenuptial, Nuptial and Post nuptial
- Taxes and Duties
- Life Insurance Policies and Superannuation
- Gift of Whole Estate to Executors on Trust
- Pecuniary Legacies
- Personal Property
- Shares and Other Interests in Respect of a Limited Company; Appointment of Directors
- Real Property
- Specific Gift of Property Subject to Mortgage or Charge; Locke King’s Act
- Annuities and Protective Trusts
- Life Interests, including Occupation of matrimonial Home, Substitutionary provisions, Apportionment and Powers of Appointment
- Residuary Gifts, and Gifts of the Whole Estate
- Gifts to Charities and Incorporated or Unincorporated Bodies
- Powers of Executors and Trustees
- Backing Sheet
- Contracts as to Dispositions by Will; Mutual Wills
Appendix A: Most Used Forms
Appendix B: Model Wills
Appendix C: International Convention; Hague Conference on Private International Law