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
