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Uniform Succession Laws for Australian States and Territories

Author: Queensland. Law Reform Commission

Publisher:

Published: 1995

Total Pages: 114

ISBN-13:

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Uniform Succession Laws

Author: New South Wales. Law Reform Commission

Publisher:

Published: 1998

Total Pages: 268

ISBN-13:

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Among the States and Territories there are numerous significant differences in the law of wills. In intestacy, the rights of a surviving spouse vary greatly from jurisdiction to jurisdiction. In family provision schemes, qualification to apply for provision is far from uniform, as are also the grounds on which the courts in different jurisdictions may order that provision be made. In the administration of deceased estates, there is a lack of uniformity in the law relating to devolution of title and the payment of debts from assets, and uncertainty with respect to interstate recognition of grants of probate. Less significant differences are numerous, particularly in those relatively neglected areas of law reform such as probate and administration. To date, in Australia, State and Territory succession laws have been reformed in a piecemeal manner. The development by the National Committee of model legislation to be used as the basis for reform by individual States and Territories provides an opportunity for the States and Territories to adopt uniform, or at least consistent, laws relating to wills.

International Succession

Author: Louis Garb

Publisher: Oxford University Press, USA

Published: 2010

Total Pages: 841

ISBN-13: 0199550271

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Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

National Uniform Legislation

Author: Guzyal Hill

Publisher: Springer Nature

Published: 2022-08-11

Total Pages: 185

ISBN-13: 9811932921

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This book aims to develop a conceptual framework upon which to draw for analysis of new and existing national reforms in Australia. Due to growth in the volume and complexity of national uniform legislation, law reform agencies, the Commonwealth, state and territory governments and policy institutions have more, rather than less, to do. This book explores how they are required to respond to debates among actors from divergent geographical, commercial and ideological backgrounds, who sometimes demonstrate irreconcilable differences in values and perspectives. From a policy implication perspective, this book summarises a vast quantity of original and complex data so that it can be applied in the field—among policymakers, reformers, legislative drafters, students and the wider audience of legal practitioners working with harmonised legislation in federations. This book acknowledges that uniform legislation is not a panacea for all legal challenges currently faced by federations. However, this book takes a step towards demystifying the many confusing factors that have obscured the underlying general principles. A working theory of ‘federal harmonisation’ enables ‘the art of the impossible’ to become a practical reality. This book condenses data on legislation in models. The models enable transparent, evidence-based decisions in the process of a federation’s harmonisation to progress regulatory best practices and achieve more reliable, sustainable results.