Family Provision in Australia

Family Provision in Australia
Author: John K. De Groot
Publisher:
Total Pages: 0
Release: 2016-12-14
Genre: Decedents' family maintenance
ISBN: 9780409345339

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

Estate Planning

Estate Planning
Author: Michael John Perkins
Publisher:
Total Pages: 542
Release: 2008
Genre: Estate (Law)
ISBN: 9780409325416

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.

Hutley's Australian Wills Precedents

Hutley's Australian Wills Precedents
Author: Charles Rowland
Publisher: Butterworth-Heinemann
Total Pages: 539
Release: 2009
Genre: Wills
ISBN: 9780409324563

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.

Family Provision

Family Provision
Author: Rosalind F. Atherton
Publisher: Victorian Attorney-General's Law Reform Advisory
Total Pages: 204
Release: 1997
Genre: Family & Relationships
ISBN:

Elder Law in Australia

Elder Law in Australia
Author: Rodney Lewis
Publisher: Butterworth-Heinemann
Total Pages: 566
Release: 2012
Genre: Estate planning
ISBN: 9780409324723

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.

The Family Law Handbook

The Family Law Handbook
Author: Maree Livermore
Publisher:
Total Pages: 479
Release: 2019
Genre: Divorce
ISBN: 9780455242118

The Family Law Handbook, 4th edition, is a practical guide for people involved in or thinking about separation or divorce. Written in plain English, it explains the workings of the Australian system of family law and sets out the practical issues to be dealt with by a separating couple. The Family Law Handbook addresses not only how the family law system works, but all aspects of separation and the making of workable parenting, property and financial arrangements for a successful post-separation life, including: what to do immediately after separation ; how to negotiate with your former partner ; how family dispute resolution works ; making the best possible arrangements for children ; how to achieve a fair property settlement ; what happens at court and what each party, with or without a lawyer, should do. This book contains samples of parenting plan provisions, court orders, forms and affidavits that can be adapted for individual use, and a list of useful contacts and resources.

Informal Carers and Private Law

Informal Carers and Private Law
Author: Brian Sloan
Publisher: Bloomsbury Publishing
Total Pages: 190
Release: 2012-12-07
Genre: Law
ISBN: 1782250476

Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

Mandatory Family Protection

Mandatory Family Protection
Author: Kenneth G. C. Reid
Publisher:
Total Pages: 833
Release: 2020
Genre: Business & Economics
ISBN: 0198850395

This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.

Foucault and Family Relations

Foucault and Family Relations
Author: Malcolm Voyce
Publisher: Rowman & Littlefield
Total Pages: 221
Release: 2019-05-14
Genre: History
ISBN: 1498559700

Foucault and Family Relations: Governing from a Distance in Australia analyzes how notions of property ownership were instrumental in maintaining family stability and continuity in rural Australia, outlining how inheritance and divorce laws functioned to govern the internal relationships of families to assist the state to ‘rule from a distance’. Using a selection of Foucault’s ideas on the “family”, sexuality, race, space and economics this books shows how “property” operated as a disciplinary device, which was underpinned by “technical ideas”, such as surveying and cartography. This book uses legal judgments as a form of ethnography to show how property, as a socio-technical device, allowed a degree of local freedom for owners. This aspect of property allowed the state to stimulate ideas of local freedom to assist in “ruling from a distance,” demonstrating how the rural family as a domestic unit became a key field of intervention for the state as the family represented a bridge to larger relationships of power.

The World Trust Survey

The World Trust Survey
Author: Charles Gothard
Publisher: Oxford University Press, USA
Total Pages: 609
Release: 2010
Genre: Language Arts & Disciplines
ISBN: 019955157X

The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts. Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation. This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction. Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.