Law of Succession (Hardcover)
|Author(s) :||Dal Pont, G; Mackie, K|
|Short Description :||This book is also available in eBook format.
Bundle the hardcopy with the eBook to save 75% on the 2nd copy.
|Published :||December, 2012|
Click here to read the review first published in ETHOS - ACT Law Society Issue 228 June 2013.
The Law of Succession by Gino Dal Pont and Ken Mackie contains an up-to-date account, commentary and analysis of the Australian law of succession. Although history cannot but colour the modern law, the Law of Succession avoids an overtly historical focus and instead targets what is most pertinent in modern Australian succession practice and theory. It also adopts a comparative slant, with frequent reference to material, including case law, statute and law reform commission reports, from other common law jurisdictions, to provide a counterpoint for Australian law.
· Focusing on modern practice and theory underscoring Australian succession law
· Explaining the theory behind the relevant legal rules, as well as counter-views, in order to clarify the context within which succession law operates.
· Frequent reference to case law, statutes and law reform commission reports from other common law jurisdictions, so as to provide a truly comparative approach to Australian succession law and practice.
De Groot and Nickel, Family Provision in Australia, 4th edition, 2012
Mackie, Principles of Australian Succession Law,
Lewis, Elder Law in Australia, 2nd edition, 2011
Rowland, Hutley's Australian Wills Precedents, 7th edition, 2009
PART I - WILLS AND INTESTACY
1. NATURE OF A WILL
2. MENTAL ELEMENTS
3. STATUTORY WILLS
4. FORMAL ELEMENTS
5. REVOCATION AND AMENDMENT OF WILLS
6. REPUBLICATION AND REVIVAL OF WILLS
7. GIFTS BY WILL
8. CONSTRUCTION OF WILLS
PART II - PERSONAL REPRESENTATIVES
10. THE OFFICE OF PERSONAL REPRESENTATIVE
11. GRANTS OF REPRESENTATION
12. DUTIES OF PERSONAL REPRESENTATIVES
13. POWERS AND ENTITLEMENTS OF PERSONAL REPRESENTATIVE
14. ALLOCATION AND DISTRIBUTION OF ESTATE
PART III - FAMILY PROVISION
15. CONCEPT OF FAMILY PROVISION
16. ELIGIBILITY TO APPLY FOR FAMILY PROVISION
17. APPLICATIONS FOR PROVISION
18. PARTICULAR CLASSES OF APPLICANTS
19. RELEVANT CONSIDERATIONS IN MAKING ORDER
20. FAMILY PROVISION ORDERS
PART IV - MISCELLANEOUS MATTERS
21. A STATUTORY HISTORY OF WILLS IN ENGLAND AND AUSTRALIA
22. CONFLICTS OF LAW IN SUCCESSION
23. COSTS IN MATTERS INVOLVING DECEASED ESTATES
24. LAWYERS' RESPONSIBILITY AND LIABILITY
Dal Pont, G E
G E Dal Pont is Professor, Faculty of Law, University of Tasmania. He is a graduate of the University of Tasmania (LLD) and the University of Michigan (LLM), and is admitted to practice in New South Wales, as well as a Certified Practising Accountant. He has written widely in the areas of the legal profession and equity and trusts, in particular, including four books in the LexisNexis "black and silver" series. Professor Dal Pont is also General Editor is Halsbury's Laws of Australia, author of the New South Wales Solicitors Manual, and a regular columnist on legal ethics issues. His teaching involves professional responsibility, trusts and tax.
Ken Mackie is a Senior Lecturer in law and Sub-Dean at the Law School, University of Tasmania. He is a consultant to the Tasmanian Law Reform Institute on succession law issues and a member of the National Committee on Uniform Succession Laws. Ken has taught at the University of Tasmania and the City University of Hong Kong. His main research interests are property law and succession.