Family Provision In Australia And New Zealand
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Family Provision In Australia And New Zealand
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Author : John K. De Groot
language : en
Publisher: MICHIE
Release Date : 1993-01-01
Family Provision In Australia And New Zealand written by John K. De Groot and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Decedents' estates categories.
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.
Testator S Family Maintenance In Australia And New Zealand
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Author : R. J. Davern Wright
language : en
Publisher:
Release Date : 1954
Testator S Family Maintenance In Australia And New Zealand written by R. J. Davern Wright and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Decedents' family maintenance categories.
Comparative Succession Law
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Author : Kenneth G C Reid
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09
Comparative Succession Law written by Kenneth G C Reid and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
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.
Family Provision In Australia
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Author : John K. De Groot
language : en
Publisher:
Release Date : 2021
Family Provision In Australia written by John K. De Groot and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Decedents' family maintenance categories.
An authoritative guide to the operation of family provision law in Australia.
Informal Carers And Private Law
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Author : Brian Sloan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-07
Informal Carers And Private Law written by Brian Sloan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Law categories.
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Comparative Succession Law
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Author : Kenneth Reid
language : en
Publisher: OUP Oxford
Release Date : 2015-08-27
Comparative Succession Law written by Kenneth Reid and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
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.
International Encylopedia Of Comparative Law Instalment 5
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Author : K Zweigert
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-08-01
International Encylopedia Of Comparative Law Instalment 5 written by K Zweigert and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1981-08-01 with Law categories.
No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Foucault And Family Relations
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Author : Malcolm Voyce
language : en
Publisher: Rowman & Littlefield
Release Date : 2019-05-14
Foucault And Family Relations written by Malcolm Voyce and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-14 with History categories.
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.
Families And Estates
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Author : International Academy of Estate and Trust Law. Annual Conference
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Families And Estates written by International Academy of Estate and Trust Law. Annual Conference and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Passing Wealth On Death
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Author : Alexandra Braun
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-28
Passing Wealth On Death written by Alexandra Braun and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
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.