Table of Contents
Terms of Reference
Participants in this Report
Glossary
Summary of Principal Recommendations
CHAPTER 1. COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE
CHAPTER 2. WILLS FORMALITIES: HISTORY, PRESENT LAW AND FUNCTION
- A Brief History
- Summary of the Present Law
- The Functions of Wills Formalities
CHAPTER 3. OUR GENERAL APPROACH TO WILLS FORMALITIES
CHAPTER 4. PROPOSALS FOR SPECIFIC REFORMS OF EXECUTION FORMALITIES
- Introduction
- Should the Execution Formalities be Stricter?
- Should Oral Videotape or Holograph Wills be Introduced?
- Should the Execution Formalities be Relaxed in Specific Ways?
CHAPTER 5. PROPOSALS FOR SPECIFIC REFORMS OF REVOCATION FORMALITIES
- Introduction
- Express Revocation Clauses Inserted by Mistake
- Revocation by Destruction
CHAPTER 6. A GENERAL DISPENSING POWER
- Formalism in the Law of Wills
- Two Models for Reform
- Arguments Against a General Dispensing Power
- Recommendations
CHAPTER 7. RECTIFICATION OF WILLS
- The Existing Law
- Reforms Proposed or Enacted Elsewhere
- Recommendations
- Postscript: Interpretation of Wills
CHAPTER 8. GIFTS TO INTERESTED WITNESSES
- The Present Law and Its Historical Background
- Function and Efficacy of the Rule Relating to Attesting Witnesses
- Options for Reform
- Recommendations
- Postscript: Undue Influence and the Law of Wills
CHAPTER 9. REVOCATION BY MARRIAGE
- The Present Law and its Historical Background
- Operation of General Rule
- The Rationale of the General Rule
- Wills Expressed to be made in Contemplation of Marriage
- Options for Reform
- Recommendations
CHAPTER 10. REVOCATION BY DIVORCE
- Introduction
- Some Proposals and Models for Reform
- Should there be Change?
- Detailed Recommendations
CHAPTER 11. PRIVILEGED TESTATORS
- Present Law
- Some Historical and Comparative Material
- Difficulties with the Present Law
- Examining the Rationale for the Privilege
- Recommendation
CHAPTER 12. MINORS
- Statutory Provisions in New South Wales
- Issues for Possible Reform
- Should the Minimum Age for Testamentary Capacity be Reduced Below 18?
- Should a Minor be Entitled to Make a Will with Judicial Approval?
- Should the Exceptions to the Testamentary Incapacity of Minors be Varied?
- Should a Minor’s Power to Alter a Will be Clarified?
CHAPTER 13. APPLICATION OF REFORMS PROPOSED
Appendix A: Draft Legislation
Appendix B: Submissions Received
Appendix C. Reports of Law Reform Commissions And Agencies Relating To Wills Formalities Considered by the Commission
Appendix D. The Definition of Privileged Testator in the Various States and Territories of Australia
