Wills / Probate / Trusts

Succession Law in South Australia

By David M Haines
LexisNexis Australia August 2003

Specifications

ISBN-13
9780409319149
Publisher
LexisNexis Australia
Publication
August 2003
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Succession Law in South Australia provides a thorough analysis of wills, probate and intestacy law in South Australia. This practical guide is specifically written to focus on the drafting of wills and the preparation of probate. Providing a detailed examination of many contentious issues, it highlights the importance of handling the administration of estates. Also covered in this comprehensive book are the principles and practicality of succession, grants of probate and the consequences of intestacy. This provides the content and tools that allow you to conduct accurate legal research and locate information quickly and easily.

Whilst having a predominantly South Australian focus this comprehensive book also covers important decisions from other state jurisdictions and the United Kingdom, enabling you to gain in-depth knowledge that other firms may not possess. Succession Law in South Australia is an authoritative and up-to-date text of the law in South Australia. An essential reference for practitioners dealing with wills, probate and intestacy, this accessible text provides comprehensive and reliable commentary on subjects unique to South Australian law.

Table of Contents

* The Law of Succession
* Duties of Solicitors and Negligence
* The Nature of a Will
* Joint and Mutual Wills
* Contracts and Promises
* Capacity, Intention and Free Will
* Formalities for Making a Will
* Informal Wills
* Statutory Wills
* Rectification
* Revocation of a Will
* Lost Wills
* Forfeiture Rule
* Incorporation by Reference, Republication, Revival, Secret Trusts
* Powers, Rights and Duties of a Testator
* Intestacy
* Non-contentious Grants
* Special Grants
* Revocation of Grant of Representation
* Contentious Probate
* Appointment of Personal Representative
* Personal Representatives' Rights, Duties and Powers
* Rights of Personal Representatives
* Liability of Personal Representatives
* Protection for Personal Representatives
* Disputes in Estates
* Rights and Liabilities of Beneficiaries
* Equitable Doctrines Affecting Beneficiaries
* Failure of Benefit

About the Author

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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