PublishedButterworths, November 2007 |
ISBN9780409323726 |
FormatSoftcover, 325 pages |
This new work provides a concise, but comprehensive, overview of the current law of succession in Australia. It considers in detail the new legislation on the law of wills emanating from the uniform succession law project, which resulted in similar legislation on wills being passed in Victoria, Northern Territory, Queensland and New South Wales.
The book is a useful resource dealing with all aspects of the law of succession, including wills, intestacies, family provision and probate and administration. Review:Principles of Australian Succession Law Ken Mackie It was the tenth anniversary of the Wills Act 1997 on 20 July 2008. A lot has happened in the areas of wills and estates during the past ten years since the introduction of that Act in Victoria. This publication is therefore timely. The author is a senior lecturer in law and sub-dean at the Law School, University of Tasmania. The title obviously suggests that the book deals with all states and territories, but this does not detract from the fact that it provides the reader with up-to-date legislative changes and current judicial authorities relevant to Victorian lawyers. The primary focus of the book is wills.
Topics covered include: the making of wills; revocation; republication; ademption; construction; gifts by wills and intestacy. Not only does it deal with these fundamental topics well, but it also covers side issues such as mutual and joint wills and privileged wills. There are also chapters providing interesting commentary on wills as distinguished from other transactions and relationships and contracts relating to wills. The scope of matters covered is therefore quite broad. The remainder of the book is devoted to family provision claims, grants of representation and rights, duties and obligations of legal personal representatives. It deals with both solvent and insolvent estates and includes chapters dealing with the liabilities of an estate and the distribution and completion of an estate. This book provides a useful overview of the current law in all states and territories relating to succession as well as practical examples of various legal issues. In summary, Principles of Australian Succession Law contains a wealth of information on succession law and would be a very handy and useful addition to the library of any practitioner working in the areas of wills and estates.
KEN COLLINS WILLS & PROBATE VICTORIA LAWYERS Law Institute Journal, September 2008 Edition Law Institute of Victoria - Table of Contents: Summary of Contents - The General Nature of a Will - Making a Will - The Mental Elements - Making a Will - The Formal Requirements - Revocation and Alteration of Wills - Republication and Revival - Construction of Wills - Gifts by Will - Distribution on Intestacy - Family Provision - Personal Representatives - Grants of Representation - Duties, Powers and Liabilities of Personal Representatives
