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Author: John K. De Groot
Publisher: MICHIE
ISBN: 9780409302677
Category : Decedents' estates
Languages : en
Pages : 340
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Book Description
Text for students and practitioners of this area of law, covering general principles of family provision. Gives an historical introduction as well as covering aspects such as particular applicants, time limits, duties of the personal representative, orders, appeals, costs and procedures. Includes tables of relevant cases and statutes, and family provision legislation for Australia and New Zealand. Includes tables of cases and statutes, and an index.
Author: John K. De Groot
Publisher: MICHIE
ISBN: 9780409302677
Category : Decedents' estates
Languages : en
Pages : 340
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Book Description
Text for students and practitioners of this area of law, covering general principles of family provision. Gives an historical introduction as well as covering aspects such as particular applicants, time limits, duties of the personal representative, orders, appeals, costs and procedures. Includes tables of relevant cases and statutes, and family provision legislation for Australia and New Zealand. Includes tables of cases and statutes, and an index.
Author: Shannon Lindsay
Publisher: Federation Press
ISBN: 9781862871946
Category : Law
Languages : en
Pages : 356
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Book Description
This work has been written by a practitioner for the benefit of practitioners.The two introductory chapters deal with broad general principles and conceptual issues such as what is a caveat? and what is a caveatable interest? but the bulk of the book is taken up by an encyclopaedic analysis of all of the reported Australian and New Zealand cases touching upon caveats. Essentially this book is intended to function as a road map for practitioners to the reported cases, guiding them to cases involving similar facts, and breaking the issues up in a way that matches the practical problems with which they must deal.Chapters which follow on from the general introductory chapters:list all the recognised categories of situations where there is a caveatable interestdeal with defects in the drafting of caveatsdescribe the procedures available to a registered proprietor or other interested person for freeing the title from the caveatanalyse the criteria for a successful action for compensation for wrongful lodgement of a caveatexplain the role of caveats in determining equitable prioritiesThere is also a brief chapter dealing with the assessment of stamp duty on caveats.
Author: Malcolm Voyce
Publisher: Rowman & Littlefield
ISBN: 1498559700
Category : History
Languages : en
Pages : 220
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Book Description
Foucault and Family Relations analyzes notions of property in rural Australia during the colonial period and how these conceptions maintained family stability. Using Foucault’s ideas on family, sexuality, race, space, and economics, Voyce outlines how inheritance and divorce law were established so that the state could rule from a distance.
Author: Kenneth G C Reid
Publisher: Oxford University Press
ISBN: 0192590731
Category : Law
Languages : en
Pages : 832
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Book Description
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Author: Kenneth Reid
Publisher: OUP Oxford
ISBN: 0191064211
Category : Law
Languages : en
Pages : 561
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Book Description
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Author: Gaby Ramia
Publisher: Springer Nature
ISBN: 303042054X
Category : Political Science
Languages : en
Pages : 289
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Book Description
This open access book examines the comparative evolution of social protection in Australia and New Zealand from 1890 to the present day, focusing on the relationship between employment relations and social policy. Utilising longstanding and more recent developments in historical institutionalist methodology, Ramia investigates the relationship between these two policy domains in the context of social protection theory. He argues that treating employment relations as dynamic, and as inextricably intertwined with changes in the welfare state over time, allows for more accurate portrayal of similarity and difference in social protection. The book will be of most interest to researchers, advanced undergraduate and postgraduate students in social policy, employment relations, public policy, social and political history, and comparative politics.
Author: Kenneth G. C. Reid
Publisher:
ISBN: 0198747128
Category : Law
Languages : en
Pages : 561
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Book Description
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Author: Alexandra Braun
Publisher: Bloomsbury Publishing
ISBN: 1509907351
Category : Law
Languages : en
Pages : 403
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Book Description
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
Author: Alexandra Braun
Publisher: Oxford University Press
ISBN: 0191074500
Category : Law
Languages : en
Pages : 417
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Book Description
Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Author: Robin Burnett
Publisher: Nicholson
ISBN:
Category : Australia
Languages : en
Pages : 220
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Book Description
