Interpretation of Testamentary Documents
Interpretation of Testamentary Documents is a practical and essential reference for practitioners in this dynamic field of estates law
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Interpretation of Testamentary Documents is a practical and accessible guide for legal practitioners on matters where the testator’s intention is not made clear. With uncertainty possibly infecting the property the subject of succession, the persons who may take that property, or the shares to be taken by those persons, this text provides an invaluable resource for practitioners requiring guidance on these matters.
• Essential reference for all practitioners engaged in estates law
• Clear and practical guide
• Highly esteemed author
• Birtles & Neal, Hutley’s Australian Wills Precedents, 9th ed, 2016
• Dal Pont, Law of Charity, 2nd ed, 2017
• Dal Pont and Mackie, Law of Succession, 2nd ed, 2017
Table of contents
- Part I Principles
- 1. Nature of Testamentary Interpretation
- 2. Approaching the Process of Interpretation
- 3. Rules of Interpretation (‘Construction’)
- Part II Property
- 4. Scope of Testamentary Property
- 5. Identifying Testamentary Property
- 6. Interpreting Terms Relating to Property
- Part III Persons
- 7. Interpreting Gifts to Persons by Description
- 8. Class gifts
- Part IV Portions
- 9. Legacies
- 10. Gifts of Income
- 11. Conditional Testamentary Gifts
- 12. Shared Testamentary Gifts
- 13. Absolute and Limited Interests
- 14. Vested and Contingent Testamentary Gifts
- 15. Testamentary Options
- 16. Personal Representatives’ Powers
- 17. Residuary Gifts
- 18. Failure of Gift