View source for 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]]