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Where am I now? Lawlink > Law Reform Commission > Publications > Issues Paper 10 (1996) - Uniform Succession Laws: The Law of Wills

Issues Paper 10 - Uniform Succession Laws: The Law of Wills

Issues Paper 10 (1996) - Uniform Succession Laws: The Law of Wills

How to obtain a copy of this Issues Paper.

History of this Reference (Digest)


Table of Contents

Preface
Terms of reference
Participants
Submissions

1. INTRODUCTION
1.1 AUSTRALIAN WILLS LEGISLATION
1.2 ISSUES OF WILLS LAW IN MOST URGENT NEED OF UNIFORMITY
1.3 ABBREVIATIONS

2. EXTENT OF WILL - CAPACITY AND FORMALITIES
2.1 WHAT PROPERTY MAY BE DISPOSED OF BY WILL?
2.2 LEGAL CAPACITY TO MAKE A WILL
2.3 EXECUTION REQUIREMENTS
2.4 THE POSITION OF THE TESTATOR'S SIGNATURE
2.5 THE EXECUTION OF POWERS OF APPOINTMENT BY WILL
2.6 THE EXECUTION OF ALTERATIONS
2.7 PUBLICATION OF WILL UNNECESSARY
2.8 COMPETENCE OF WITNESSES
2.9 GIFTS TO ATTESTING WITNESSES TO BE VOID
2.10 WILLS OF MEMBERS OF THE ARMED FORCES

3. FORMALITIES - A DISPENSING POWER
3.1 SHOULD THE COURT BE EMPOWERED TO DISPENSE WITH THE FORMAL REQUIREMENTS FOR THE EXECUTION, ALTERATION AND REVOCATION OF WILLS?
3.2 CASE HISTORY
3.3 THE EXISTING LEGISLATION IN AUSTRALIA
3.4 AUSTRALIAN CAPITAL TERRITORY
3.5 NEW SOUTH WALES
3.6 NORTHERN TERRITORY
3.7 QUEENSLAND
3.8 SOUTH AUSTRALIA
3.9 TASMANIA
3.10 VICTORIA
3.11 WESTERN AUSTRALIA
3.12 AMERICAN UNIFORM PROBATE CODE

4. REVOCATION BY ACT OF TESTATOR - EFFECT OF MARRIAGE AND DIVORCE ON WILL
4.1 NO WILL TO BE REVOKED BY PRESUMPTION
4.2 MANNER OF REVOCATION
4.3 REVIVAL OF REVOKED WILLS
4.4 EFFECT OF MARRIAGE ON WILL
4.5 EFFECT OF DIVORCE ON WILL

5. FORMAL VALIDITY OF WILLS

6. GENERAL RULES FOR THE CONSTRUCTION OF WILLS
6.1 WHEN A DEVISE IS NOT TO BE RENDERED INOPERATIVE - EFFECT OF SUBSEQUENT CONVEYANCE ON WILL
6.2 WILL TO SPEAK FROM DEATH OF TESTATOR
6.3 WHAT A RESIDUARY DEVISE SHALL INCLUDE
6.4 DEVISE OF LAND INCLUDES LEASEHOLD LAND
6.5 GENERAL DEVISE OR BEQUEST CAN EXECUTE A GENERAL POWER OF APPOINTMENTS
6.6 THE EFFECT OF A DEVISE WITHOUT WORDS OF LIMITATION
6.7 HOW THE WORDS "DIE WITHOUT ISSUE", OR "DIE WITHOUT LEAVING ISSUE" OR "HAVE NO ISSUE" SHALL BE CONSTRUED
6.8 NO DEVISE TO TRUSTEES ETC TO PASS A CHATTEL INTEREST
6.9 TRUSTEES UNDER AN UNLIMITED DEVISE TO TAKE THE FEE
6.10 DEVISES OF ESTATES TAIL SHALL NOT LAPSE
6.11 GIFTS TO CHILDREN OR OTHER ISSUE OF THE TESTATOR WHO LEAVE ISSUE LIVING AT THE TESTATOR'S DEATH SHALL NOT LAPSE - STATUTORY SUBSTITUTIONAL PROVISION

7. RECENT REFORMS
7.1 BENEFICIARIES MUST SURVIVE TESTATOR BY THIRTY DAYS
7.2 IS THIRTY DAYS AN APPROPRIATE PERIOD FOR A GENERAL ANTI-LAPSE RULE?
7.3 POWER OF COURT TO RECTIFY WILLS
7.4 CONSTRUCTION OF RESIDUARY DISPOSITIONS
7.5 INCOME ON CONTINGENT AND FUTURE DISPOSITIONS
7.6 DELEGATION OF WILL MAKING POWER

8. MISCELLANEOUS ISSUES
8.1 DISPOSITION TO UNINCORPORATED ASSOCIATIONS OF PERSONS
8.2 THE ADMISSION OF EXTRINSIC EVIDENCE IN THE CONSTRUCTION OF WILLS
8.3 REFERENCE IN A WILL TO A VALUATION
8.4 WHO MAY SEE A WILL?
8.5 DEPOSIT OF WILL IN REGISTRY BY TESTATOR DURING LIFETIME

9. CONCLUSION



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