Library Guides: Bachelor of Laws: Wills &amp; Admin of Estates

Last will and testament, of Sir Thomas Gresham. 1579.

Will
A written declaration providing for disposition of property to take effect on the maker’s death... View Definition
(Encyclopaedic Australian Legal Dictionary, 2021)

Executor
The person appointed by a testator to manage, administer, direct, and dispose of property under the will... View Definition
(Encyclopaedic Australian Legal Dictionary, 2021)

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How to Use This Guide

Dictionary

Use a dictionary to look up definitions of any words or phrases in an assessment that you are unfamiliar with

Legislation

Look-up any legislation relevant to the assessment question

Loose-leaf Service

Check the loose-leaf services to see if they provide any commentary on the assessment topic. Loose-leaf services typically:
- provide detailed and up-to-date discussion of legal issues
- include annotations (explanatory notes) to the provisions of relevant legislation

Case Law

Look up relevant case law identified by the secondary sources or the assessment question
Use a case citator to find judicial consideration of relevant legislation

Encyclopaedia

Check a legal encyclopaedia for discussion of the assessment topic. A legal encyclopaedia typically:
- provides a concise overview
- covers all Australian jurisdictions

Journal Articles

Check to see if the issues raised in the assessment have been discussed in journal articles

Referencing Guides

Use the guides to reference all sources correctly

Wills and Admin of Estates - Dictionary Definitions

Dictionary

The Encyclopaedic Australian Legal Dictionary provides definitions of legal words and phrases, and gives explanations of well known rules and principles of law.

It contains over 25000 definitions.

The dictionary is a secondary source, but it frequently refers to primary sources such as case law and legislation, as authorities for the definitions that it provides.

It can be helpful to look up definitions of any words or phrases in an assessment that you are unfamiliar with.

Wills Probate and Administration Victoria (Lexis+)

Loose-leaf Service

This loose-leaf service provides the first comprehensive guide to all aspects of wills and estate administration in Victoria. It contains up-to-date legislation and practical commentary. Major legislation incorporates useful annotations on practice and procedural requirements. Commentary covers wills law and practice, intestacy, uncontested probate applications, contested probate applications, family provision, estate administration, solicitor’s duties, estate planning and costs and fees. Precedent clauses for wills with commentary and examples of completed wills are also included.

How to Reference a Loose-leaf Service

Wills Probate and Administration Victoria (Lexis+)
Wills Commentary
Formalities; Testamentary Capacity, Undue Influence, Knowledge and Approval, Fraud; Property and Election; Beneficiaries; Construction of Wills; Gifts and Legacies; Limitations, Conditions and Perpetuities; Survivorship; Conflict of Laws and Wills and Probate
Administration and Probate Acts and Rules
Administration and Probate Act 1958; Supreme Court (Administration and Probate) Rules 2014; Supreme Court Practice Notes
Wills Act
Wills Act 1997; Wills Act 1958
Intestacy
Principles of Intestacy; Principles of distribution upon intestacy
Uncontested Probate Applications
Application for a Grant of Probate; Grants of Probate and Letters of Administration; Special and limited grants; Recognition of foreign grants; Precedents
Contested Probate Applications
Caveats; Proof in Solemn Form; Revocation of Grants
Testator's Family Maintenance
Estate Administration
Solicitor's Duties
Estate Planning
Words and Phrases

Lawyers Practice Manual - Victoria

Loose-leaf Service

Provides practical guidance. Includes practical hints, precedents, letters, standard forms, and checklists.

How to Reference a Loose-leaf Service

eBooks

Principles of Australian Succession Law (2022)

Hutley's Australian Wills Precedents (2021)

Law of Succession (2020)

Quick Reference Card: Succession Law (2020)

Estate Planning : A Practical Guide for Professionals Helping Australians Age Well (2021)

Australian Encyclopaedia of Forms and Precedents

Loose-leaf Service
Practical introductory notes for each title provide an overview of each subject area to explain the legal context in which the individual forms, precedents and clauses should be used. Statutory sources and case references are included. Precedents are drafted in plain English, by experienced practitioners, barristers and academics.

How to Reference a Loose-leaf Service

Wills
Scroll down in the table of contents to title 510 - Wills.

CCH Australian Estate Planning

Loose-leaf Service

CCH is a legal publisher that produces a collection of law resources.

How to Reference a Loose-leaf Service

Australian Estate Planning and Trust Law
The aim of the Guide is to provide a comprehensive context and reference point for professionals who are advising individuals who are undertaking estate planning in Australia and to highlight many of the possibilities that are open for achieving successful estate planning.

Finding Journal Articles

Journal Articles

AGIS (Attorney Generals Information Service) - is the leading legal journals database in Australia. Use AGIS to search hundreds of journals for articles about Will and Administration of Estates.

How to Reference a Journal Article

Legislation and Extrinsic Materials

Legislation

TimeBase LawOne provides access to full text legislation from nine Australian jurisdictions, links through to amending and subordinate legislation, Bills, Explanatory Memoranda and Second Reading Speeches, and detailed legislative histories.

Extrinsic materials, including Explanatory Memoranda and Second Reading Speeches, may be helpful when researching particular provisions of an Act. This video demonstrates how to use the Key Info button in TimeBase LawOne to locate and view extrinsic materials.

How to Reference an Act

Finding Cases that Consider a Section of an Act

Case Law

To provide judicial consideration of a particular provision of legislation:

Access Lexis+ via the A-Z Databases list.
Select Legislation (from the menu under the search box)
Then LawNowPlus Legislation Citator
Search for the legislation by title and provision
From the results click on the title to view the legislation
Select Cases tab to view a list of cases
Select 'Show Lexis Leading Cases' to view the results in relevance order

How to Reference Case Law

Laws of Australia - Legal Encyclopaedia - WestlawAU

Encyclopaedia

The Laws of Australia encyclopaedia (TLA) is a complete library of legal principles covering over 330 topics and every Australian jurisdiction.

How to Reference a Legal Encyclopaedia

Wills
Introduction; Nature of Testamentary Dispositions; Mental Element; Formal Validity of Wills; Dispensing with Wills Formalities; Changing a Will by Amendment or Revocation; Probate Jurisdiction and Construction Jurisdiction; Construction of Wills; Types of Gifts in Wills; Doctrines Affecting Gifts in Wills; Conflict of Laws in Succession
Family Provision
Introduction; Persons Eligible to Claim Family Provision; Procedure; Property Which May Be Subject of Order; Criteria for Determining Application; Treatment of Particular Applicants; Disentitling Conduct by Applicant; Award; Procedural and Ancillary Matters
Administration of Assets
Introduction; Estates before Grant of Representation; Grants of Representation; Powers and Duties of Personal Representatives for Deceased Estates; Administration of Estates

Halsbury's Laws of Australia - Legal Encyclopaedia - Lexis+

Encyclopaedia

Halsbury's Laws of Australia is a comprehensive legal encyclopaedia. Halsbury's provides concise statements of the law supported by references to primary authorities contained in detailed footnotes. Halsbury’s is divided into 89 subject areas, known as titles. It can be browsed or searched. Halsbury's also includes a consolidated index.

Using a legal encyclopedia can be an efficient way to begin researching a topic

How to Reference a Legal Encyclopaedia

Halsbury's Laws of Australia - Legal Encyclopaedia - Lexis+
This legal encyclopaedia contains extensive commentary on wills and the administration of estates.

SCROLL DOWN IN THE TABLE OF CONTENTS TO VIEW TITLE 395 - Succession.

The topics covered include:

TESTATE SUCCESSION
Statutory Provisions — Testate Succession; Testamentary Instruments; Contracts Relating to Wills. Testamentary Capacity; Formal Requirements in Making a Valid Will; Incorporation by Reference; Privileged Wills; Revocation of a Will; Alterations In a Will; Republication of a Will; Revival of a Will; Construction of a Will; Gifts by Will; Statutory Will Applications

INTESTACY
Introduction — Intestacy; General Principles Of Intestate Distribution; Rights Of Surviving Spouse; Rights Of Issue; Rules On Intestate Distribution When No Spouse And No Issue; Ownerless Goods ('Bona Vacantia'); Bringing Other Benefits Into Account — Hotchpot

GRANTS
Probate; Administration

ADMINISTRATION OF ESTATES
Devolution on The Personal Representative; Administration Of Assets of the Deceased; Trusts and Powers of the Personal Representative; Distribution of Deceased's Assets; Residuary Estate; Assents And Acknowledgements on the Distribution of Estate; Appropriation of Deceased's Assets; Litigation by or Against Personal Representatives; Limitation Periods for Litigation by or Against Personal Representatives; Parties to an Administration Suit; Liabilities of Personal Representatives; Rules on Devastavit; Personal Representative's Duty to Account Financial Record of Administration of the Estate; Proceedings Relating to the Internal Administration of the Estate

FAMILY PROVISION
Introduction — Family Provision Legislation; Persons Eligible to Apply For Family Provision; Jurisdiction to Make an Order For Applications Under Family Provision Legislation; Exercise of Court’s Discretion for Applications under Family Provision Legislation; Procedural Matters under Family Provision Legislation; Orders Applications under Family Provision Legislation; Property of Which Order for Family Provision May be Made

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