Estate contestation in Australia: An empirical study of a year of case law

White, Benjamin P., Tilse, Cheryl, Wilson, Jill, Rosenman, Linda, Purser, Kelly, & Coe, Sandra (2015) Estate contestation in Australia: An empirical study of a year of case law. University of New South Wales Law Journal, 38(3), pp. 880-910.

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Abstract

This article reports on a study which reviewed all publicly available succession law judgments in Australia during a 12-month period. The article begins with a brief overview of the relevant Australian law and the method adopted for the case review to provide some context for the analysis that follows. It then shifts to its primary objective: to provide an overview of Australian estate litigation during this period with a particular focus on analysing the family provision contests, which comprised over half the cases in the sample. The article examines how many estates were subject to family provision claims, who were contesting them, and to what extent those challenges were successful. The article also considers variation in estate litigation across Australian states and the impact of estate size on contests. It concludes by identifying the themes that emerged from these judicial cases and outlines their significance for law and practice reform.

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692 since deposited on 31 Aug 2015
653 in the past twelve months

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ID Code: 87011
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Succession law, Will contestation, Estate planning, Family provision claims, Socio-legal studies
ISSN: 1447-7297
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Funding:
Copyright Owner: Copyright 2015 University of New South Wales Law Journal
Deposited On: 31 Aug 2015 05:26
Last Modified: 07 Sep 2015 05:03

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