Will Making - The Australian Uniform Succession Law Project(USL)

This project was motivated by the lack of uniformity currently present in Australian jurisdictions. By making an interactive site where both practitioners and academics can access all the laws relevant to Succession. On this page users can compare and contrast the current laws and legislation throughout the nation. ELRU has provided the law society with this site for easy access and to bring together the jurisdictions of Australia in the one website.

The lack of uniformity across state borders has been a hurdle and struggle for many practitioners. In the modern digital age, speed and access have been an integral part of business, education and now the firm. As laws change or amend this site can be updated and edited by practitioners and for practitioners. There is a call for change taking place in Australia and many firms have urged the Law Reform Commission for change and harmony through Succession Law. This page will be that platform where laws and legislation can be compared and contrasted; updated and amended; view and valued.

              The Laws According to State and Territory

Definitions

The Making of Wills: Property to which a will applies

Rules relating to a minor making a will

Formalities - Writing

Signing a will

Attestation Clause

Powers of Appointment

Substantial Compliance and General Dispensing Power

How a Will may be altered

Publication of Unnecessary

Persons who cannot act as Witness to a Will

Gift to Attesting Witnesses

Gift to Interpreters

The Revocation and revival of wills: The revocation of will by marriage

The Effect of divorce on a Will

No Will to be revoked by presumption

Revocation by instrument or destruction

The Revival or revoked wills

Formal validity of Wills: Definition of internal law

Formal validity of Wills:General rule as to formal validity

Formal validity of Wills: Ascertainment of system of internal law

Wills made with Court Authorisation - Wills by Minors

Wills made with Court Authorisation - Retention of wills

Wills made with Court Authorisation-Wills for persons without testamentary capacity-Court may make certain orders

Wills made with Court Authorisation - Wills for persons without testamentary capacity - Execution of a will

Wills made with Court Authorisation-Wills for persons without testamentary capacity- Definition of statutory wills

Wills made with Court Authorisation-Wills for persons without testamentary capacity- Recognition of statutory wills

The Construction and Rectification of Wills - Change of Domicile

The Construction and Rectification of Wills - Effect of Subsequent conveyance on operation of will

The Construction and Rectification of Wills - Use of Extrinsic Evidence to clarify

The Construction and Rectification of Wills - When a Will takes effect

The Construction and Rectification of Wills - Effect of Failure of Disposition

The Construction and Rectification of Wills - Effect of general disposition of Land

The Construction and Rectification of Wills - Effect of general disposition of Property

Construction and Rectification of Wills - Effect of a devise of real property without words of limitation

Construction and Rectification of Wills - Construction of dispositions: Disposition of real estate or personal estate may include both in particular case

Construction and Rectification of Wills - Construction of dispositions: Disposition of fractional part in particular case

Construction and Rectification of Wills - Effect of requirement to survive with issue

Construction and Rectification of Wills - Effect of dispositions to issue

Construction and Rectification of Wills - Power of Court to rectify wills

Construction and Rectification of Wills - Lapse of benefit where beneficiary does not survive testator by 30 days

Construction and Rectification of Wills - Statutory substitutional provisions in the event of lapse

Miscellaneous Provisions of Succession Act, 1981 (Qld)--Powers of personal representatives

Miscellaneous Provisions of Succession Act, 1981 (Qld) -Intermediate income on contingent and future bequests and devises

Miscellaneous Provisions of Succession Act, 1981 (Qld)- Certain powers and trusts as invalid as delegation of will-making power

Miscellaneous Provisions of Succession Act, 1981 (Qld)-- presumption of survivorship

Miscellaneous Provisions of Succession Act, 1981 (Qld)-- Survival of actions

Miscellaneous Provisions of Succession Act, 1981 (Qld)-- Provisions in wills referring to values placed on property

Additional provisions-- Deposit of Wills with registrar

Additional provisions-- Delivery of wills by registrar

Additional provisions-- Persons entitled to see the will