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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 Related Titles * Dal Pont, Law of Succession, 3rd edition * Dal Pont, Law of Executors and Administrators, 1st edition * De Groot & Nickel, Family Provision in Australia, 6th edition * Mackie & Histed, Principles of Australian Succession Law, 4th edition
"Succession: Families, Property and Death, 5th edition continues to set the standard in the approach to the study of succession law. Taking a strong theoretical and comparative focus, legal principles are set firmly in their historical and social context. Australian succession law is placed in its national and international setting, and considers social objectives of succession law as a basis for understanding and applying the rules. Including up-to-date commentary on case law and legislation, this revised edition also considers the impact of the Uniform Succession Laws project on the law in Australia"--Publisher's summary.
Estate planning for family cottages and cabins When family members inherit a vacation home together, problems are often unavoidable, given that the new co-owners may have different financial circumstances or emotional attachments to the family cottage or cabin. But you can head off damaging family squabbles by developing a legal structure (typically an LLC) to take care of the business of ownership. Whether you’re planning to pass on a cottage to your children, or you’ve inherited a cabin with your siblings, Saving the Family Cottage provides practical, legal solutions for preserving a beloved family property for generations to come. You’ll learn how to: keep the peace (and avoid fights) among siblings over jointly-owned property prevent a family member from forcing a sale of the cottage or cabin keep your vacation home out of the hands of in-laws and creditors, and make a smooth transition from one generation’s ownership to the next. The fifth edition is updated to reflect current tax laws, including state property tax laws which affect choice of legal entity. It also includes an expanded discussion of legal issues when renting a family cottage or cabin on Airbnb, VRBO, or similar rental services.
This volume is a study of mortuary customs of the LoDagaa of West Africa, in research for this project the author spent over 100 days attending funeral ceremonies and attended 25 burial services.
Succession: Families, Property and Death Text and Cases adopts a strong theoretical and comparative focus in its approach to the study of succession law. Legal principles are placed firmly in their social and historical context.
The revised edition of this classic work is presented with an attractive new design and a web quiz. The third edition of this highly respected work examines key issues in succession law from a variety of perspectives: national, international, historical and comparative. All Australian jurisdictions are covered in 17 comprehensive chapters which include statutory extracts to demonstrate different approaches. Case summaries show the forms of judicial argument used in succession law and give a clear analysis of judgments. Notes and questions in the book provide a deeper understanding of the material. This updated and revised edition is presented in an attractive new internal design that clearly distinguishes different features in the book. Students also have access to a web quiz with questions relating to the book. Important Features: A web quiz provides lecturers and students with a practical tool for teaching and studying. An attractive new internal design clearly distinguishes different features in the book. The same successful authors team with Rosalind Croucher (formerly Atherton) and Prue Vines is responsible for the new edition.
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.