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Australian Family Provision Law is a current and fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.
Increasingly, practitioners may be called on to advise on family provision claims outside their own jurisdictions. They will be aware that the legislation in each other jurisdiction varies from their own, often in subtle and unexpected ways. At the same time, superannuation death benefit disputes could give rise to parallel actions on different principles before different tribunals. These factors, combined with case law that is characterised by judicial discretion and decisions which are fact-specific, make for a challenging area of practice.
Drawing on her background in trusts, superannuation law and deceased estates practice, author Leonie Englefield of the Victorian Bar, covers the general principles, as well cross-jurisdictional issues and provides a specific chapter dealing with superannuation death benefits.
Practical features to assist readers include: detailed tables of contents and cases as well as an essentials checklist for standard applications, client intake forms, court practice notes, relevant legislation and index.
Australian Family Provision Law is a useful and convenient volume for succession law practitioners, family provision mediators, and financial and estate planners as well as trustees and other advisors who find themselves involved in family provision matters. This book provides both a practical and comprehensive coverage of the relevant law.