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Interpretation of Testamentary Documents
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Interpretation of Testamentary Documents

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Overview
ISBN 9780409348880 Forthcoming Release March 2019
Description

DESCRIPTION

Interpretation of Testamentary Documents is a practical and accessible guide for legal practitioners on matters where the testator’s intention is not made clear. With uncertainty possibly infecting the property the subject of succession, the persons who may take that property, or the shares to be taken by those persons, this text provides an invaluable resource for practitioners requiring guidance on these matters.

 

Features

• Essential reference for all practitioners engaged in estates law
• Clear and practical guide
• Multi-jurisdictional
• Highly esteemed author

 

Related Titles

Birtles & Neal, Hutley’s Australian Wills Precedents, 9th ed, 2016
Dal Pont, Law of Charity, 2nd ed, 2017 
Dal Pont and Mackie, Law of Succession, 2nd ed, 2017

AUTHOR

Gino Dal Pont is a Professor of the Faculty of Law at the University of Tasmania. He is a graduate of the University of Michigan (LLM) and the University of Tasmania (LLD), and is admitted to practice in New South Wales, as well as being a Certified Practising Accountant. He has written widely in areas including equity and trusts and lawyers’ professional responsibility, and is also the General Editor of Halsbury’s Laws of Australiaand author of the New South Wales Solicitors Manual. Professor Dal Pont is a Fellow of both the Australian Academy of Law and the College of Law.

TABLE OF CONTENTS

Part I Principles

1. Nature of Testamentary Interpretation 
2. Approaching the Process of Interpretation 
3 Rules of Interpretation (‘Construction’)


Part II Property

4. Scope of Testamentary Property 
5. Identifying Testamentary Property 
6. Interpreting Terms Relating to Property


Part III Persons

7. Interpreting Gifts to Persons by Description 
8. Class gifts


Part IV Portions

9. Legacies 
10. Gifts of Income 
11. Conditional Testamentary Gifts 
12. Shared Testamentary Gifts 
13. Absolute and Limited Interests 
14. Vested and Contingent Testamentary Gifts 
15. Testamentary Options 
16. Personal Representatives’ Powers 
17. Residuary Gifts 
18. Failure of Gift

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