Succession : families, property and death / by Rosalind Croucher, Prue Vines.

Chatswood, N.S.W. : LexisNexis Australia, 2024.

6th edition

201634

Estate law -- Australia.

Wills -- Australia.

Inheritance and succession -- Australia.

Probate law and practice -- Australia.

Part 1: The context of succession law

1. What is succession law?

2. The relationships of succession: the 'family'

3. The boundaries of the law of succession

4. Death, bodies and succession

Part 2: Intestacy

5. Where there is no will - intestacy

Part 3: Wills

6. The testator's mind

7. The formal process

8. Dispensing with the formalities

9. The testator's changing mind: revocation and alteration of wills

10. Establishing the text: mistake and rectification in the probate court

11. Establishing the meaning

12. When gifts fail: technical rules

13. When gifts fail: equitable doctrines

14. Public policy and succession

Part 4: Family provision

15. Family provision

Part 5: Administration of the estate

16. The representatives

17. The administration process.

Succession: Families, Property and Death is designed not only to expound succession law in Australia as it is, including the recognition, if at all, of Aboriginal customary law, but also to consider the law in its national and international setting by considering rules of private international law; to reveal how it has developed by taking an historical focus; to consider the objectives sought to be satisfied by succession law as a basis of understanding and for the evaluation of existing rules; and to consider some comparative approaches to the problems of inheritance. As a teaching tool, it extracts cases at length rather than in small pieces to enable students to develop a sense of the forms of judicial argument which are used in succession law, allowing for a deeper analysis of the judgments than has traditionally been possible. As a practitioner resource, this text also covers comprehensively and critically such bread-and-butter topics of a succession lawyer as formal validity of a will, challenges to that validity, dispensing with formal requirements for a will, rectification, and claims for a family provision order. Features: Includes new commentary on: digital property ; Jewish inheritance law ; definition of family for succession purposes, including Aboriginal concept of kinship and posthumous children ; joint tenancy and the right of survivorship ; voluntary assisted dying ; Benjamin orders ; disputes about disposal of the body ; recognition of aboriginal customary law and tradition in distribution on intestacy ; determining capacity and dealing with future loss of capacity ; electronic signing and witnessing of wills ; formal validity rules and dispensing powers ; sale of specific gift after death ; ademption of gifts ; the forfeiture rule ; family provision ; administration of the estate. - Publisher's website.

Includes bibliographical references and index.

9780409358018

lxxxiv, 904 pages ; 25 cm