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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Construction of Wills in Australia 2nd ed


ISBN13: 9780409337006
To be Published: April 2017
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: £120.00



The first edition of Construction of Wills in Australia, by David Haines QC, was published in 2007. Since that time, there has been a steady stream of court applications across Australia involving the construction and rectification of wills. The published decisions clarify the application of the principles of construction, and the operation of the relevant statutory provisions. Since that time, there has been a steady stream of Court decisions on the construction and rectification of wills in Australia. Richard Williams, in this second edition, builds on the original work by providing an analysis of recent cases, together with a commentary on the applicable statutory rules in each State and Territory.

The text provides a guide to the manner in which rules of construction should be applied in Australia. It contains a detailed discussion of the nature of gifts, both land and personal property, gifts to donees including class gifts, together with various other aspects of the law of construction of wills. The comprehensive nature of the work makes it an essential reference tool for lawyers practising within the field.

Features

    1. Provides a comprehensive analysis of the principles of construction and rectification of wills in Australia; 2. Contains an explanation of the relevant statutory provisions in each of the States and Territories; 3. Provides a commentary on the relevant Australian case authorities; 4. Sets out practical illustrations of the application of the various rules and principles; 5. Provides guidance for practitioners on key aspects of advising about and making construction and rectification applications;

Subjects:
Other Jurisdictions , Australia
Contents:
Part A – General Principles and Evidence
1. Introduction and jurisdiction
2. General principles of construction
3. Subsidiary principles of construction
4. Statutory rules of construction
5. Change of ‘or’ into ‘and’ and vice versa
6. Misdescription of places or persons
7. Procedure
8. Admissibility of evidence
9. Costs
10. Rectification

Part B –
Particular Rules Relating to Property
11. Property that may be disposed of by will
12. Property that may not be disposed of by will
13. Gifts of land
14. Date from which a will speaks
15. Personal property

Part C –
Particular Rules Relating to Persons
16. An introduction to gifts to persons
17. Time for ascertaining donees
18. Gifts to children
19. Gifts to spouses, relatives and employees
20. Gifts to issue, descendants and next of kin
21. Survivors and survivorship
22. Class and non-class gifts
23. Misdescription in enumeration of beneficiaries
24. Powers of appointment

Part D –
Particular Rules Relating to Beneficial Interests
25. Absolute gifts and superadded interests
26. Life interests
27. Joint tenancy or tenancy in common
28. Distribution per capita or per stirpes
29. Conditional gifts
30. Particular conditional gifts
31. Options to purchase
32. Vested and contingent gifts
33. Legacies and problems with legacies
34. Rules against perpetuities and accumulations
35. Hotchpot
36. Gifts by implication
37. Sale and powers of sale
38. Income from estates other than annuities
39. Annuities
40. Unlimited gifts of income from property
41. Residuary gifts

Part E – Failure of a Gift
42. Failure of gift
43. Uncertainty

Part F – Charitable Trusts
44. Charitable Trusts