Category Archives: Succession

‘Call for Participation – Trusts and Estates Collaborative Research Network of Law and Society Association’

“The Trusts and Estates Collaborative Research invites proposals for (i) individual papers to be organized into panels; (ii) fully-formed panel proposals; and (iii) proposals for other sessions such as Author Meets Reader, Salon, or Roundtable discussions that explore any aspect of the law, practice or effects of trusts, equity, and estates, broadly defined …” (more) […]

Thomas Gray, ‘Succession Law: Reflections and Directions’

INTRODUCTION Succession law impacts the lives of all Australians. The transfer of property from one generation to the next is a rite of passage, and the making of a will is considered a ‘social norm’. It is estimated that almost 60% of adult Australians have a will. Moreover, 54% of those that do not have […]

‘Article on Voice, Strength, and No-Contest Clauses’

“Karen J Sneddon recently published an Article entitled, ‘Voice, Strength, and No-Contest Clauses’, 2019 Wisconsin Law Review 239-268 (2019). Provided below is an abstract of the Article. ‘His will was read, and like almost every other will, gave as much disappointment as pleasure – Jane Austen. The will is a unilateral written disposition of probate […]

Karen Sneddon, ‘Voice, Strength, and No-Contest Clauses’

ABSTRACT The will is a unilateral written disposition of probate property to be effective upon the will-maker’s death. To have any legal effect, however, the will-maker’s family, beneficiaries, and personal representatives, along with the probate court, need to implement the will provisions. To buttress the strength of the will, the language of the will is […]

Dubravka Klasiček, ‘21st Century Wills’

ABSTRACT Wills are formal legal affairs that must satisfy strict prerequisites in order to be valid. Otherwise, they will be either automatically null or voidable. The rules pertaining to the form of wills have always been strict and have required wills to be made in a certain way. It is said that the amplified formalism […]

Tommy Cheung, ‘Secret trusts and testamentary freedom’

ABSTRACT Secret trusts are a mystery because no theory perfectly explains why the court enforces them when they do not comply with the statutory formalities of wills. This article argues that secret trusts are inter vivos express trusts. If secret trusts fulfil their formalities, the courts will enforce them because they reflect the testator’s intentions […]

‘Conference on the Application of the Succession Regulation in the EU Member States in Katowice’

“On 12 September 2019, the University of Silesia in Katowice (Poland) will host an international conference on the Regulation (EU) No 650/2012 of the European Parliament and of the Council – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice …” (more) […]

Richard Hedlund, ‘Introducing a dispensing power in English succession law’

ABSTRACT Executing a will is one of the most important legal acts that a person will undertake. To be valid, the will must comply with the formality requirements in the Wills Act 1837. However, some wills fail to do so, and are invalidated on technicalities. Other jurisdictions, such as Australia, have given the courts a […]

Deborah Gordon, ‘Engendering Trust’

ABSTRACT This article, part of a Wills, Trusts, and Estates Meets Gender, Race, and Class Symposium, explores the relationship between trusts and gender by looking at the language, myths, and trends that appear in current trust law. After discussing the relationship between gender and inheritance law more generally, the article focuses on the three dominant […]

Darryn Jensen, ‘The “Policy” That Invalidates Testamentary Conditions’

ABSTRACT Whenever one person’s conferral of a benefit on another is subject to a condition that the conferee not be married to a particular person or to a member of a specified class of persons, the question of whether the condition is enforceable is said to be a question of ‘public policy’. This ‘policy’ question […]