Hutley's Australian wills precedents / Richard Neal, Caroline Sims.
2025
Online
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Title
Hutley's Australian wills precedents / Richard Neal, Caroline Sims.
Other Title
Australian wills precedents
Edition
11th edition
ISBN
9780409359268 online
Imprint
Chatswood, N.S.W. : LexisNexis Australia, 2025.
Copyright
©2025
Language
English
Description
1 online resource
Call Number
Online
Summary
Hutley’s Australian Wills Precedents 11th edition provides updated commentary on burial rights, the requirements for posthumous use of human tissue for reproductive purposes, binding death benefit nomination, considerations when taking will instructions and drafting wills, trusts and trustee discretion, informal wills, attestation, remote signing in each jurisdiction, and the changes resulting from the commencement on 1 January 2025 of the Succession Act 2023 in South Australia. It also includes updates to some of the forms. Features: Cited in superior court decisions; Includes a downloadable bank of forms and precedents; Provides useful appendices. - Publisher's website.
Note
Previous edition: 2021.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. General considerations - estate planning; validity of will, requirements for; capacity; family provision; concealment of will; order to produce will
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 and use of the body; enduring power of attorney; appointment of enduring guardian; directions as to undue prolongation of life
6. Deaths - simultaneous or near-simultaneous; presumption of death; order of deaths clauses; intermediate income
7. Children; adopted, surrogate and 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 property
13. Solicitors to be employed by executors
14. Family provision; financial agreements - prenuptial, nuptial and postnuptial
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.
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 and use of the body; enduring power of attorney; appointment of enduring guardian; directions as to undue prolongation of life
6. Deaths - simultaneous or near-simultaneous; presumption of death; order of deaths clauses; intermediate income
7. Children; adopted, surrogate and 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 property
13. Solicitors to be employed by executors
14. Family provision; financial agreements - prenuptial, nuptial and postnuptial
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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