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Statutory Will Applications: A Practical Guide
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Statutory Will Applications: A Practical Guide

Price: $135.00
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Published Dec 2013 (LexisNexis)
ISBN: 9780409337020. Soft Cover.

Williams, R; McCullough, S

Statutory Will Applications: A Practical Guide examines the statutory regime that enables the Australian courts to make wills for persons who lack testamentary capacity. 

Statutory will applications are becoming more common, and this trend is expected to continue given Australia's ageing population, and because of the potential benefits that they can provide as a remedy to the consequences of loss of testamentary capacity. This comprehensive guide written by Richard Williams and Sam McCullough considers the approach taken to date by the courts of the various Australian jurisdictions, and explains the process and considerations involved in preparing an application. The steps required and considerations for an interested party to an application are also outlined.

Given that statutory wills have the potential to be utilised as a tool in estate-planning and tax-planning, this text is likely to be of practical assistance not only to lawyers, but also to accountants and financial planners advising private clients.

• Comprehensive analysis of Court decisions 
• Commentary on the legislation in each Australian jurisdiction
• Practical commentary on applying for statutory wills
• Commentary on special issues including using statutory wills as an estate planning tool, and resisting applications

1. Introduction
2. The Statutory Framework
3. When a Statutory Will may be required
4. Acting for the Applicant
5. Acting for Other Interested Persons
6. Family Provision
7. Costs
8. Review of Case Law
9. Extracts from Legislation and Procedural Rules 
10. Precedents 
11. Case Studies 

Williams, R

Richard Williams is a Barrister at the Queensland Bar. He specialises in trusts and estates. He studied law at Cambridge University and was first called to the Bar in England and Wales in 1993. He has been a member of the Society of Trust and Estate Practitioners since 1999. He appeared as counsel for the applicant in Re Matsis.

McCullough, S

Sam McCullough is a Director of Worrall Lawyers, Hobart, and has a focused private client practice, primarily in the areas of estate planning and estate disputes. He is a regular presenter to client, adviser and community groups, and regularly provides papers and interviews for professional education products. Sam is the representative of the Tasmanian Law Society on the National Elder Law and Succession Committee, and an Associate of the Tax Institute.

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