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Construction of Wills in Australia

Construction of Wills in Australia

Construction of Wills in Australia

Author: David M Haines
Publisher: LexisNexis Australia
ISBN: 9780409320954
Published In: August 2007
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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'...we can be grateful for this work of taxonomy replete with reference materials, ancient and modern. This book will be of great value to law students, practitioners and judges. It may spark a renewed interest in testamentary law in Australia's final court, for it is certain that changing times and new legislation merit fresh attention to some of the old rules collected here.'

From the foreword by The Hon Justice Michael Kirby AC CMG

Construction of Wills in Australia is the first Australian text dealing exclusively with the construction of wills. The focus on Australian jurisprudence is essential for practitioners as the abolition of appeals from Australian courts to the Privy Council has meant Australian judges no longer follow English precedent as a matter of course and, therefore, reliance on English texts on this topic may be a dangerous practice.

The text provides a simple 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 including particular rules relating to beneficial interests, failure of gifts and charitable trusts.

It is an essential reference for lawyers involved in wills and probate matters and for students wanting to understand the fundamentals of will preparation and the law.

* General principles and evidence
* Particular rules relating to property
* Particular rules relating to persons
* Particular rules relating to beneficial interests
* Failure of gift
* Charitable trusts

David M Haines QC is a barrister practising in South Australia. He is the author of Succession Law in South Australia, 2003 (LexisNexis Butterworths).

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