Construction of wills in Australia / David M. Haines.

Sydney : LexisNexis Australia, 2025.

2nd edition.

202449

Wills -- Australia.

Part A: General principles and evidence

1. Introduction, jurisdiction and home-made wills

2. General principles of construction

3. Subsidiary principles of construction

4. Statutory rules of construction

5. Admissibility of evidence

6. Change of ‘or’ into ‘and’ and vice versa

Part B: Particular rules relating to property

7. Property which may be disposed of by will

8. Property which may not be disposed of by will

9. Gifts of land

10. Date from which a will speaks

11. Personal property

12. Misdescription of places or persons

Part C: Particular rules relating to persons

13. An introduction to gifts to persons

14. Time for ascertaining donees

15. Gifts to children

16. Gifts to spouses, relatives and employees

17. Gifts to issue, descendants and next of kin

18. Survivors and survivorship

19. Class and non-class gifts and closing of each

20. Misdescription in enumeration of beneficiaries

21. Powers of appointment

22. Appointment of executors

23. Appointment of trustees

Part D: Particular rules relating to beneficial interests

24. Absolute gifts and superadded interests

25. Life interests

26. Joint tenancy or tenancy in common

27. Distribution per capita or per stirpes

28. Conditional gifts

29. Particular conditional gifts

30. Options to purchase

31. Vested and contingent gifts

32. Legacies

33. Problems with payment of legacies

34. Rules against perpetuities and accumulations

35. Hotchpot

36. Gifts by implication

37. Sale and powers of sale

38. Income from estates other than annuities

39. Annuities

40. Unlimited gifts of income from property

41. Liabilities

42. Residue

Part E: Failure of gift

43. Failure of gift

44. Uncertainty

45. Costs

Part F: Trusts

46. Testamentary trusts.

Construction of Wills in Australia is the first Australian text dealing exclusively with the construction of wills. The focus on Australian jurisprudence is essential for practitioners as the abolition of appeals from Australian Courts to the Privy Council has meant Australian judges no longer follow English precedent as a matter of course and, therefore, reliance on English texts on this topic may be a dangerous practice. - Publisher's website.

Previous edition 2007.

Includes bibliographical references and index.

9780409337013

Online resource