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Reforming Australian inheritance law : tyrannical testators vs greying heirs?

McGregor-Lowndes, Myles & Hannah, Frances M. (2009) Reforming Australian inheritance law : tyrannical testators vs greying heirs? Australian Property Law Journal, 17, pp. 1-24.

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Abstract

Family provision legislation conceived over a century ago in New Zealand sought to curb testamentary freedom which could result in estates left away from spouses and dependants who were entitled to claim newly granted state social income support. The adoption of family provision legislation in Australian jurisdictions and its subsequent statutory developments, with an overlay of judicially fostered notions of ‘moral duty’, has led to distortions in the original policy intent and application of the legislation. Growing evidence of ‘gaming’ by marginal applicants, rising costs and general uncertainty coupled with changed social circumstances has led law reform bodies to suggest certain curtailments to restore greater testamentary freedom. This article examines the fate of the policy reform process to date and suggests further avenues for law reform.

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ID Code: 20997
Item Type: Journal Article
Additional URLs:
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Equity and Trusts Law (180112)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Family Law (180113)
Divisions: Current > Research Centres > Australian Centre for Philanthropy and Nonprofit Studies
Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2009 LexisNexis Butterworths
Deposited On: 09 Jun 2009 08:31
Last Modified: 25 Sep 2013 22:40

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