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Australian Family Provision Law is a current and fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.
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. The 7th edition is much more than an 'update' of the previous edition. The whole book has been thoroughly examined and reconsidered. The text, forms and precedents have been revised and in many places rewritten and extended. New cases and statutes have been taken into account and contentious issues critically examined. The precedent for a testamentary discretionary family trust will fill a need. These trusts are very difficult to draft. The trust offered here is a flexible, middle-of-the-road, general vehicle, designed to be adaptable to the needs of clients and practitioners. It allows for income splitting and offers some asset protection. The precedent is considered and explained in the text and is accompanied by a full and detailed explanatory document to be given to clients. The new, detailed, Table of Contents is intended to be a search engine, to complement the conventional index. It is a comprehensive list of all chapter and paragraph headings, occupying many pages; it therefore offers ready access to the matters which a will drafter has to consider. A Compact Disc containing all the precedents and forms in Microsoft Word 2002 format is included.
It is difficult to imagine a body of law more sensitive to changes in our society than the law of family provision. This highly anticipated Fifth Edition has been completely reviewed and updated with a further 250 cases considered. The existing concise case tables have been expanded to include new tables covering small estates, De Facto widowers, foster children and same sex partners. This edition also includes new sections dealing with special disability trusts, summary dismissal and Crisp orders. Essential reading for all practitioners, teachers and students involved in this challenging area of the law. Features Authoritative and detailed National application Concise case tables for multiple topics Related Titles Perkins & Monahan, Estate Planning: A Practical Guide for Estate and Financial Service Professionals, 4th ed, 2015 Sundar, Rowland & Bailey, Testamentary Trust, Strategies and Precedents, 2nd ed 2016 Birtles & Neal, Hutley's Australian Wills Precedents, 9th ed 2016 Book Review - The Law Society of Tasmania
Trusts and estates practice is being increasingly recognised as an occupation within the legal, accounting, tax and financial services professions. Estate planning remains the strategic advisory component within this practice. An essential resource for practitioners and students involved in trusts and estates practice, this easy-to-use, practical and comprehensive guide will enable you to understand and deliver effective estate planning services using the principles, precedents, practice points, case notes and discussion questions contained in this book. Included in this edition are the legislative changes enacted since the first edition, such as changes to wills and estate law arising from the commencement of the Succession Act 2006 (NSW) on 1 March 2008 as well as changes to income tax and superannuation laws since 2005.
The fourth edition of The Law of Succession in New South Wales provides an up to date coverage of the subject, including the recent legislative changes related to the Uniform Succession Law project. Succession affects each of us personally and is therefore of great practical importance. The object of this book, like its previous editions, is to provide a basic manual for students undertaking Succession Law and practitioners working in the field. The chapters in the book are organised in the order in which the material is relevant in dealing with testamentary matters. It commences with a general discussion of the development and nature of the subject and briefly refers to transnational considerations which are becoming increasingly common with globalisation. The text then discusses intestacy, the law of wills, family provision, and finally the administration of deceased estates. The Law of Succession in New South Wales continues to offer a thorough and concise treatment of the subject matter for the benefit of students and practitioners alike.
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Old Law, New Law follows the author's Lawyers Then and Now in offering a miscellany of genuine legal stories drawn from Australian legal history as well as its modern law. If there is any change of focus, this work looks at the people of the law through the prism of established or changing legal doctrines and processes.The chapter headings will show that quirky humanity intrudes into the most doctrinaire of fields (such as statutory interpretation and tort law) and that law intrudes into every facet of human life (including food, drink and sex). As in the former work, there is much comparing of attitudes past and present, while observing the underlying constancy of human values and biases within every corner of the law.Readers will discover:the constitutional distinction between financial and moral bankruptcythe New South Wales judge who responded to a submission on behalf of the Queensland Commissioner for Railways by stating "You don't think we are going to let you banana-benders get away with that, do you?"Chief Justices who entered dodgy marriages, committed contempts of court or were described as "sexy" by litigants they encounteredjudges who upheld appeals from their own judgmentsstrange aspects of matrimonial law and lore, including "wife sales" and forced outcomes of the biblical "one flesh" conceptsome (rare) sightings of appellate judges abusing each otherseveral instances of cannibalism and the law.________________________________________________From the Launch..."A glance at the index of names shows that many of these anecdotes relate to judges and lawyers who are still in the world and many still engaged in their careers. ... Those who know Keith well do not need my persuasion, and I suggest that every lawyer in mid-career or seriously preparing for a career should read, needs to read Keith Mason's books, both of them, and keep them on a shelf somewhere handy next to Owen Dixon's Jesting Pilate. They are full of lessons gentle and sharp about how to behave, the wisdom of not giving in during moments of rage or disdain, and the perils of dropping one's guard. Weaknesses and eccentricities and lapses of courtesy may be talked about for the rest of one's life, and for long afterwards, in some cases for centuries. Keith teaches many lessons in what to do, and what to avoid doing, showing why. With more than pleasure, with great enthusiasm I commend Keith Mason's book to its first readership of lawyers, and to a further and wider readership of people who would like to understand what lawyers are, what they do and how human their institutions are." Read launch speech...From the Launch Speech by The Hon John P. Bryson QC
Australia's population is ageing. In order for legal practitioners and other professionals such as financial advisors, accountants and healthcare workers to address the changing needs of their clients, it is essential that they have a solid grasp of the unique collection of legal issues that affect the elderly. Written in clear and accessible language, the text surveys a number of topics unique to the elderly including: mistreatment in aged care, elder abuse, discrimination, capacity to execute legal documents and challenges to wills and estates. This second edition has been updated to reflect recent changes to legislation and case law. It incorporates new commentary on intergenerational property transfer, statutory wills and the claims and entitlements of veterans. The sensitive issues of advance medical directives and termination of medical treatment are also explored.