Wills, Probate and Administration Law in NSW, Second Edition


Wills, Probate and Administration Law in NSW, Second Edition

Dec 2019
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Wills, Probate and Administration Law in New South Wales, Second Edition provides annotated commentary on the two primary pieces of legislation which govern the passing of property on death in New South Wales: the Succession Act 2006 and the Probate and Administration Act 1898.

Since this text was last published in 1996, this area of law has undergone significant change. The legislation in relation to the making, alteration and revocation of wills, family provision and the reformed intestacy rules are now contained in the Succession Act.

The Probate and Administration Act focuses on grants of representation and administration of estates, while the revised Probate Rules have introduced new processes and procedures.

New developments in this edition include:

  • statutory wills,
  • informal wills
  • rectification
  • detailed consideration of family provision, as part of the commentary on the Succession Act.
  • The annotations deal with both the specific statutory provisions and the overlapping general law authorities. The Probate Rules also appear in this volume, along with forms and precedents that are accompanied by commentary dealing with many situations that practitioners may encounter, both in and out of court.

These changes make this new edition, in many respects, a new book. However, it draws on a rich heritage of predecessor works, most notably the seminal Hastings and Weir Probate Law and Practice, first published in 1939.

Wills, Probate and Administration Law in New South Wales is an invaluable reference for practitioners who need in-depth understanding of the principles and practice of the law of wills and estates in New South Wales.