Australian Family Provision Law

Australian Family Provision Law

By Leonie Englefield

Book

$114.00* $285.00 RRP Save: $171.00 (60%)

Date: 25/05/2011

Code: 9780455229317

Lawbook Co., AUSTRALIA

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Description

Australian Family Provision Law offers a fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.

Increasingly, practitioners may be called on to advise on family provision claims outside their own jurisdictions. They will be aware that the legislation in each other jurisdiction varies from their own, often in subtle and unexpected ways. At the same time, superannuation death benefit disputes could give rise to parallel actions on different principles before different tribunals.  These factors, combined with case law that is characterised by judicial discretion and decisions which are fact-specific, make for a challenging area of practice.

Drawing on her background in trusts, superannuation law and deceased estates practice, author Leonie Englefield of the Victorian Bar covers the general principles as well cross-jurisdictional issues and provides a specific chapter dealing with superannuation death benefits.

Practical features to assist readers include: detailed tables of contents and cases as well as an essentials checklist for standard applications, client...

Editorial Reviews

From: The Law Society of Tasmania
Reviewed by: Anita Brunacci

This book deals with Family Provisions within a person’s estate for all Australian jurisdictions. In Tasmania the relevant legislation is the Testator’s Family Maintenance Act 1912.

Each jurisdiction receives a well structured commentary of relevant considerations and in regard to NSW the book deals with both the old and new legislation.

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