Construction of Wills in Australia, 2nd Edition by John Hockley | 2025

Construction of Wills in Australia, 2nd Edition by John Hockley | 2025

Construction of Wills in Australia, 2nd Edition is the long-awaited second edition of the authoritative work by distinguished barrister David M Haines QC.

This edition incorporates recent developments in succession law and provides expanded coverage of key issues. It includes new discussion on surrogacy in relation to gifts to children, the appointment of legal personal representatives and liabilities. The chapters on failure of gifts, uncertainty and costs have been substantially revised, while coverage of different types of trusts has been broadened. It also introduces guidance on interpreting homemade wills and expands the discussion of general principles of construction to reflect the current approach of State Supreme Courts.

Key Features of Construction of Wills in Australia, 2nd Edition by John Hockley:

• The previous edition has been cited in numerous superior court decisions.
• Written by an authoritative and experienced barrister.

Table of Contents of Construction of Wills in Australia, 2nd Edition by John Hockley:

Chapter 01 Introduction, Jurisdiction to Home-made Wills 
Chapter 02 General Principles of Construction 
Chapter 03 Subsidiary Principles of Construction 
Chapter 04 Statutory Rules of Construction 
Chapter 05 Admissibility of Evidence
Chapter 06 Change of ‘Or’ Into ‘And’ and Vice Versa 
Chapter 07 Property Which May Be Disposed of by Will 
Chapter 08 Property Which May Not Be Disposed of by Will 
Chapter 09 Gifts of Land 
Chapter 10 Date from Which a Will Speaks 
Chapter 11 Personal Property 
Chapter 12 Misdescription of Places or Persons 
Chapter 13 An Introduction to Gifts to Persons 
Chapter 14 Time for Ascertaining Donees 
Chapter 15 Gifts to Children 
Chapter 16 Gifts to Spouses, Relatives and Employees 
Chapter 17 Gifts to Issue, Descendants and Next of Kin 
Chapter 18 Survivors and Survivorship 
Chapter 19 Class and Non-Class Gifts and Closing of Each  
Chapter 20 Misdescription in Enumeration of Beneficiaries 
Chapter 21 Powers of Appointment 
Chapter 22 Appointment of executors 
Chapter 23 Appointment of trustees 
Chapter 24 Absolute Gifts and Superadded Interests 
Chapter 25 Life Interests 
Chapter 26 Joint Tenancy or Tenancy in Common 
Chapter 27 Distribution Per Capita or Per Stirpes 
Chapter 28 Conditional Gifts 
Chapter 29 Particular Conditional Gifts 
Chapter 30 Options to Purchase 
Chapter 31 Vested and Contingent Gifts 
Chapter 32 Legacies 
Chapter 33 Problems with Payment of Legacies 
Chapter 34 Rules Against Perpetuities and Accumulations 
Chapter 35 Hotchpot 
Chapter 36 Gifts by Implication 
Chapter 37 Sale and Powers of Sale 
Chapter 38 Income from Estates other than Annuities 
Chapter 39 Annuities 
Chapter 40 Unlimited Gifts of Income from Property 
Chapter 41 Liabilities 
Chapter 42 Residue 
Chapter 43 Failure of Gift 
Chapter 44 Uncertainty 
Chapter 45 Costs 
Chapter 46 Testamentary Trusts

About The Authors:

John J Hockley is a Barrister, Arbitrator, Mediator, Adjudicator and Negotiator at Francis Burt Chambers, Perth. He is admitted to practise across all Australian states and territories and holds qualifications in law, science, education, international tax and Chinese business law. He is a Fellow of the Chartered Institute of Arbitrators, a Nationally Accredited Mediator and a Harvard-trained negotiator. He has also held various leadership roles in Western Australian regulatory and dispute resolution bodies and is an Honorary Fellow and Lecturer at the University of Western Australia.

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