This unit involves a study of the law that defines and regulates testamentary, and intestate succession to property on the death of the owner. Particular aspects of law which are studied in this unit include:
- The historical foundations and policies of succession law;
- The nature of wills and the applicable statutory regime;
- The formal requirements for a valid will;
- The circumstances and manner in which the courts will exercise the statutory powers vested in them to grant dispensations from the need to comply with the formal requirements for a valid will;
- Capacity;
- Invalidation, alteration, revocation and reinstatement of wills;
- Interpretation of wills;
- The effect of equitable principles on the interpretation of wills and the administration of intestate estates;
- The consequences of intestacy on succession to the property of a deceased person; and
- A general review of the main principles of a selection of systems in force in some other national jurisdictions.
Unit Information
PRESCRIBED TEXT - PRINCIPLES OF AUSTRALIAN SUCCESSION LAW
