Family Provision in Australia
Unknown
By: John K. De Groot, Bruce W. Nickel
FAMILY PROVISION IN AUSTRALIA - 3RD EDITION is an easy-to-use, practical guide for legal practitioners detailing the practice and procedure of family provision law on a state-by-state basis. The text incorporates a comprehensive checklist, case tables, forms, precedents and a reproduction of state and territory family provision legislation. The new edition expands the class of particular applicants and includes more detailed case tables summarising judicial decisions for each class. In particular the text highlights, the courts attitudes in regards to orders in large estates, to same sex relationships, to step children, to persons suffering from intellectual disability, and to cases where there has been an estrangement between the applicant and the testator.
AI Overview
"Family Provision in Australia" by John K. De Groot and Bruce W. Nickel is a comprehensive legal text that has been a cornerstone in the field of family provision law in Australia. Here is a detailed overview of the book:
Key Themes
The book focuses on the legal framework governing family provision, which includes the distribution of assets and property after a person's death. It covers various aspects such as:
- Family Provision Orders: The legal mechanisms through which family members can seek a share of the deceased person's estate.
- Estate Planning: Strategies to avoid disputes over wills and ensure that the deceased person's wishes are respected.
- Case Law: The book references a significant number of cases, providing practical insights and judicial precedents.
- Social and Legal Changes: It addresses how the law of family provision has evolved to reflect changes in Australian society.
Plot Summary
The book is not a narrative but a legal treatise. It is structured to provide a thorough understanding of the law of family provision, including its historical development, current statutes, and judicial decisions. The text is divided into sections that cover different aspects of the law, such as the statutory framework, case law, and practical considerations for practitioners.
Critical Reception
The book has received positive reviews for its comprehensive coverage and scholarly contribution to the field. Here are some key points:
- Scholarly Contribution: The authors have been recognized for their significant contribution to scholarship and practice in family provision law over nearly three decades.
- Comprehensive Coverage: The book is praised for its detailed analysis of 1915 cases, making it an essential resource for practitioners.
- Evolution of the Law: It is noted that the book reflects the dynamic nature of family provision law, adapting to changes in society and legal precedents.
Editions
The book has been published in multiple editions, with the most recent being the 6th edition. Each edition has updated the content to reflect new case law and changes in the legal landscape.
Availability
The book is available in various formats, including hardcover and digital versions, and can be accessed through online catalogs and bookstores.
In summary, "Family Provision in Australia" by John K. De Groot and Bruce W. Nickel is a seminal work in the field of family provision law, providing a thorough understanding of the legal framework and its practical applications. Its comprehensive coverage and scholarly contributions make it an essential resource for legal practitioners and scholars alike.