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- Title
'AN INTERVENTIONIST, PATERNALISTIC JURISDICTION'? THE PLACE OF STATUTORY WILLS IN AUSTRALIAN SUCCESSION LAW.
- Authors
Croucher, Rosalind F.
- Abstract
The article explores the placer and significance of statutory wills of incapacitated person in the landscape of modern Australia Succession law in Australia. Law faculty Neville Crago of University of Western Australia primarily explains that a statutory will is a will made by the court for a person who lack testamentary capacity, which would create interventions paternalistic jurisdiction that could be exercised by an applicant that had no claim under the existing will. Thus, several cases are discussed and reviewed under modern powers and contemporary statutory will-making powers to clarify the significance of wills and resolved the issue.
- Subjects
AUSTRALIA; WILLS; INHERITANCE &; succession; TESTAMENTARY trusts; COURTS; CRAGO, Neville; UNIVERSITY faculty; REMAINDERS (Estates); LEGAL instruments
- Publication
University of New South Wales Law Journal, 2009, Vol 32, Issue 3, p674
- ISSN
0313-0096
- Publication type
Article