Family Provision In Australia
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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
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.
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.
Author | : Rosalind F. Atherton |
Publisher | : Victorian Attorney-General's Law Reform Advisory |
Total Pages | : 204 |
Release | : 1997 |
Genre | : Family & Relationships |
ISBN | : |
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.
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
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.
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.
Author | : International Academy of Estate and Trust Law. Annual Conference |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 310 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9041123784 |
This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Author | : Julie A. Cassidy |
Publisher | : Federation Press |
Total Pages | : 118 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9781862873735 |
Mutual wills are a little known but very convenient route for testators who wish to ensure that their estates devolve as they wish. They give rise to legally binding obligations on the part of the testators: a breach of these obligations is considered an equitable fraud and may be relied upon by a testator, or the intended beneficiaries under the mutual will, when seeking relief.Practitioners need to take particular care when setting up mutual wills or advising on them. It is a subject deep in misconceptions, in particular on the prerequisites for establishing mutual wills. Cassidy's text seeks to dispel the many myths. To this end, each prerequisite to establishing a mutual will is considered in turn and the relevant law examined.