Statutory Will Applications: A Practical Guide

Statutory Will Applications: A Practical Guide examines the statutory regime that enables the Australian courts to make wills for persons who lack testamentary capacity.

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ISBN/ISSN: 9780409337020

Product description

Statutory Will Applications: A Practical Guide examines the statutory regime that enables the Australian courts to make wills for persons who lack testamentary capacity.

Statutory will applications are becoming more common, and this trend is expected to continue given Australia's ageing population, and because of the potential benefits that they can provide as a remedy to the consequences of loss of testamentary capacity. This comprehensive guide written by Richard Williams and Sam McCullough considers the approach taken to date by the courts of the various Australian jurisdictions, and explains the process and considerations involved in preparing an application. The steps required and considerations for an interested party to an application are also outlined.

Given that statutory wills have the potential to be utilised as a tool in estate-planning and tax-planning, this text is likely to be of practical assistance not only to lawyers, but also to accountants and financial planners advising private clients.

This review was first published in the NSW Law Society Journal Vol 52 No.3, April 2014

Features

  • analysis of Court decisions
  • Commentary on the legislation in each Australian jurisdiction
  • Practical commentary on applying for statutory wills
  • Commentary on special issues including using statutory wills as an estate planning tool, and resisting applications

Related LexisNexis Titles

C Rowland, Hutley's Australian Wills Precedents, 2009
GE Dal Pont and K Mackie, Law of Succession, 2012
Mason and Handler, Succession Law and Practice NSW

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Table of contents


  1. Introduction

  2. The Statutory Framework

  3. When a Statutory Will may be required

  4. Acting for the Applicant

  5. Acting for Other Interested Persons

  6. Family Provision

  7. Costs

  8. Review of Case Law

  9. Extracts from Legislation and Procedural Rules

  10. Precedents

  11. Case Studies