Hutley's Australian Wills Precedents 9th Edition

Law

Hutley's Australian Wills Precedents 9th Edition

Edited by C. Birtles · R. Neal
LexisNexis Australia September 2016

Specifications

ISBN-13
9780409344059
Publisher
LexisNexis Australia
Publication
September 2016
Format
Hardback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Since its first publication in 1970, Hutley's Australian Wills Precedents has become the essential reference work on the art of will drafting in Australia. This 9th edition written by Craig Birtles and Richard Neal continues to provide an authoritative system of precedents for practitioners supported by a full explanation of the law and the authors’ opinion as to the implications for will drafters of the relevant Court decisions.

The 9th edition contains updated legislation, case law and commentary, as well as a streamlining of precedents making for a user-friendly text. New cases and statutes have been taken into account and contentious issues critically examined.

Features

  • Authoritative system of precedents
  • New cases and statutes taken into account
  • Analysis of contentious issues
  • Analysis of Court decisions
  • Covers all Australian jurisdictions

Table of Contents

1. General Considerations – Estate Planning; Validity of Will, Requirements for Capacity
2. Drafting a Will using these Precedents; Taking Instructions and Structuring a Will
3. Commencement and Testimonium; Wills for Assets in Foreign Countries
4. Revocation Clauses
5. Directions as to Disposal of the Body; Directions as to Undue Prolongation of Life; Enduring Power of Attorney
6. Deaths – Simultaneous or Near-Simultaneous; Presumption of Death; Order of Deaths Clauses; Intermediate Income
7. Children; Adopted and Surrogate, Ex-nuptial Children; Guardianship
8. Will made in Contemplation of Marriage; The Effect of Divorce
9. Provision for Spouse or Partner
10. Appointment of Executors
11. Payment of Executors: Gifts in Lieu of Payment; Gifts to be Independent of Acting as Executor or Trustee
12. Executor’s Right to Buy Trust Assets
13. Solicitors to be Employed by Executors
14. Family Provision; Financial Agreements – Prenuptial, Nuptial and Post nuptial
15. Taxes and Duties
16. Releases
17. Life Insurance Policies and Superannuation
18. Gift of Whole Estate to Executors on Trust
19. Pecuniary Legacies
20. Personal Property
21. Shares and Other Interests in Respect of a Limited Company; Appointment of Directors
22. Real Property
23. Specific Gift of Property Subject to Mortgage or Charge; Locke King’s Act
24. Annuities and Protective Trusts
25. Trusts
26. Life Interests, including Occupation of matrimonial Home, Substitutionary provisions, Apportionment and Powers of Appointment
27. Residuary Gifts, and Gifts of the Whole Estate
28. Gifts to Charities and Incorporated or Unincorporated Bodies
29. Powers of Executors and Trustees
30. Codicils
31. Attestation
32. Backing Sheet
33. Contracts as to Dispositions by Will; Mutual Wills

Appendix A: Most Used Forms
Appendix B: Model Wills
Appendix C: International Convention; Hague Conference on Private International Law
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