Having the last word? Will making and contestation in Australia

Tilse, Cheryl, Wilson, Jill, White, Benjamin P., Rosenman, Linda, & Feeney, Rachel (2015) Having the last word? Will making and contestation in Australia. The University of Queensland, Brisbane.



Increased longevity and the need to fund living and care expenses across late old age, greater proportions of blended and culturally diverse families and concerns about the increasing possibility of contestation of wills highlight the importance of understanding current will making practices and intentions. Yet, there is no current national data on the prevalence of wills, intended beneficiaries, the principles and practices surrounding will making and the patterns and outcomes of contestation. This project sought to address this gap.

This report summarises the results of a four year program of research examining will making and will contestation in Australia. The project was funded by the Australian Research Council (LP10200891) in conjunction with seven Public Trustee Organisations across Australia. The interdisciplinary research team with expertise in social science, social work, law and social policy are from The University of Queensland, Queensland University of Technology and Victoria University. The project comprised five research studies: a national prevalence survey, a judicial case review, a review of Public Trustee files, an online survey of will drafters and in-depth interviews with key groups of interest.

The report outlines key findings. On the basis of the evidence provided recommendations are presented to support the achievement of these policy goals: increasing will making in the Australian population, ensuring that the wills of those Australians who have taken this step reflect their current situation and intentions, and reducing will contestation.

Impact and interest:

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75 since deposited on 25 Mar 2015
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ID Code: 82785
Item Type: Report
Refereed: No
Additional Information: This report is part of a wider project and more information is available here: http://www.uq.edu.au/swahs/families-and-generational-asset-transfers-making-and-challenging-wills-in-contemporary-australia-28788
Keywords: Will making, Will contestation, Succession law, Estate planning
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > SOCIAL WORK (160700) > Social Work not elsewhere classified (160799)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2015 [please consult the authors]
Deposited On: 25 Mar 2015 23:32
Last Modified: 27 Mar 2015 04:37

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