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succession law Obtain ing a copy of a Will 5 The amend ments intro duce a statu tory rule as to who may inspect or obtain a copy of the deceased’s Will. The follow ing people are now entitled to a copy of the deceased’s Will: 1. Any one men tioned in the Will, or any ear lier Will, of the de ceased, as ben e fi ciary or oth er wise; 2.The deceased’s spouse, child or par ent; 3. Any one who would be en ti tled to a share of the es tate on in tes tacy (i.e. if the de ceased died with out a valid Will); 4. Cred i tors; 5. Any one who is en ti tled to bring a fam ily pro vi sion ap - pli ca tion; 6. The par ent or guard ian of an in fant men tioned in the Will, en ti tled on in tes tacy, or en ti tled to bring a fam ily pro vi sion ap pli ca tion against the estate. Notes 1 See Div 4 subdi vi sion 2 & 3 Succes sion Act 1981. 2 Bryant v Blake [2004] SASC 369.) 3 s10 Succes sion Act 1981. 4 s11 & 12 Succes sion Act 1981 but note s10(10) which states that a blind person is not eligi ble to act as a witness. 5 s33Z Succes sion Act 1981. 48 The Verdict Vol. 2 2006 Why? Because where there‘s a will there‘s a weigh This rule applies regard less of when a person who has made a Will dies. Conclu sion These changes imple ment the recom men da tions of the National Commit tee for Uniform Succes sion Laws regard - ing the reform of the law of Wills. The amend ments are long overdue and are a much welcomed change to our succes sion laws, bring ing Queensland laws in line with some of the other states and terri to ries.■ ★ Further reading and information: • Office of Queensland Parlia mentary Counsel Visit – www.legislation.qld.gov.au/ Acts_SLs/ Acts_SL_B.htm. This site contains a copy of the mos current version of the Succes sion Law Act. • t • Austlii ( Australasian Legal Infor ma tion Insti tute) • Visit – www.austlii.edu.au/ forms/ search1. html? • meta= /au&method= title&mask= au/cases/sa/ SASC. This site contains a copy of the above mentioned case Bryant v Blake [ 2004] SASC 369. . • Gilshenan & Luton Lawyers • Visit – www.gnl. com.au/ index. php? action= view&view • = 6330&pid= 2487. This law firm website contains a further article on the new succes sion laws.
Critic’s Corner Austra lian Legal Insti tu tions (2nd Ed) By R.A Hughes, G.W.G Leane & A Clarke Pub lisher: Thomson The au thors of this pub li ca tion have aimed to pro vide read ers with a com pre - hen sive over view of the Aus tra lian le gal sys tem by ex am in ing the fun da - men tal Aus tra lian le gal in sti tu tions and their op - er a tion. This has been achieved, but to some de gree at the cost of an ef fec tively laid out and use able text. When us ing this book, the reader must fil ter im por tant points out of some times ex - ces sive de tail, laid out in a cramped man ner. Despite its format limita tions, the content of this publi - ca tion is no doubt useful, and compre hen sive, for the needs of second ary and tertiary students alike. It looks in detail at the funda men tal basis of Law; what Law is, how it is devel oped and its philo soph i cal roots. The text then covers the opera tion of Austra lian legal insti tu tions and has useful chapters on the legal profes sion and recent legal devel op ments. A number of useful learn ing tools such as case studies and focus questions have also been included. This text has definite value as a tool for research and general under stand ing of the law and Austra lian legal insti tu tions. Its format limita tions are, at most, a minor incon ve nience, and are insig nif i cant when compared to the infor ma tive content.■ Elder Law in Austra lia By Rodney Lewis Lexis Nexis Butterworths El der Law in Aus tra lia has been writ ten to pro vide le gal and health care pro fes sion als with a con cise ref er ence tool about the law as it ap - plies to older Aus tra lians. As it was writ ten for the use of pro fes sion als, the con tent is quite ad - vanced, but the text still re mains use able for sec ond ary and ter tiary stu dents and ed u ca tors. One useful feature of this text is that, follow ing the preface, there is a list of Elder Law cases and legis la - tion, as well as a refer ence to where that partic u lar piece of law is discussed in the book. This enables readers, with some knowl edge of the Law that they wish to inves ti gate, to reach infor ma tion quickly. In addition, the legis la tive listings are organ ised by Act, which enables the reader to rapidly identify sections relevant to them.The content itself begins at a basic level, intro duc ing the spectrum of law to be discussed and defin ing the concept of older Austra - lians. It moves on to cover, with refer ence to cases and legis la tion, the rights of older Austra lians and how those rights are sometimes violated. The later part of the book looks at finan cial issues, includ ing govern - ment subsi dies for older Austra lians and making wills. This text has relevance to a wide audience and would make a valuable resource for anyone looking to learn more about law as it applies to older Austra lians. A Guide to Pre par ing and Pre sent ing As sign ments Ed ited by Charles Arcodia So ci ety Press This text is aimed pri - mar ily at stu dents ap proach ing ter tiary stud ies for the first time, but the top ics cov ered main tain rel e vance to a more ex pe ri enced ac a - demic au di ence. As the ti tle sug gests, this pub li ca tion cov ers the ba sics of ef fec tive as - sign ment writ ing. This has been done by fo cus - ing on three spe cific ar eas; re search and writ ing, as sign ment for mat and prac ti cal mat - ters such as time man age ment and ref er enc - ing. There is enough detail contained in this text to solve the vast major ity of problems that students may encoun ter when writing a tertiary level assign ment. One limita tion however, may be that the section on internet research tools is not as relevant now as when the publi ca tion was released in 1999. Even consid er - ing this, A Guide to Prepar ing and Present ing Assign ments is a well presented, appro pri ately struc - tured and very useful text for those wishing to develop or further their assign ment writing skills. Vol. 2 2006 The Verdict 49
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