Hutley’s Australian Wills Precedents, 9th Edition

Hutley’s Australian Wills Precedents is the essential reference work on the art of will drafting in Australia.

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AUD$ 198.00
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ISBN/ISSN: 9780409344042

Product description

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.

Features

  • Authoritative system of precedents
  • New cases and statutes taken into account
  • Analysis of contentious issues
  • Analysis of Court decisions
  • Covers all Australian jurisdictions

Related Titles

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

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Table of contents


  1. General Considerations – Estate Planning; Validity of Will, Requirements for Capacity

  2. Drafting a Will using these Precedents; Taking Instructions and Structuring a Will

  3. Commencement and Testimonium; Wills for Assets in Foreign Countries

  4. Revocation Clauses

  5. Directions as to Disposal of the Body; Directions as to Undue Prolongation of Life; Enduring Power of Attorney

  6. Deaths – Simultaneous or Near-Simultaneous; Presumption of Death; Order of Deaths Clauses; Intermediate Income

  7. Children; Adopted and Surrogate, Ex-nuptial Children; Guardianship

  8. Will made in Contemplation of Marriage; The Effect of Divorce

  9. Provision for Spouse or Partner

  10. Appointment of Executors

  11. Payment of Executors: Gifts in Lieu of Payment; Gifts to be Independent of Acting as Executor or Trustee

  12. Executor’s Right to Buy Trust Assets

  13. Solicitors to be Employed by Executors

  14. Family Provision; Financial Agreements – Prenuptial, Nuptial and Post nuptial

  15. Taxes and Duties

  16. Releases

  17. Life Insurance Policies and Superannuation

  18. Gift of Whole Estate to Executors on Trust

  19. Pecuniary Legacies

  20. Personal Property

  21. Shares and Other Interests in Respect of a Limited Company; Appointment of Directors

  22. Real Property

  23. Specific Gift of Property Subject to Mortgage or Charge; Locke King’s Act

  24. Annuities and Protective Trusts

  25. Trusts

  26. Life Interests, including Occupation of matrimonial Home, Substitutionary provisions, Apportionment and Powers of Appointment

  27. Residuary Gifts, and Gifts of the Whole Estate

  28. Gifts to Charities and Incorporated or Unincorporated Bodies

  29. Powers of Executors and Trustees

  30. Codicils

  31. Attestation

  32. Backing Sheet

  33. 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