Cultural considerations in will-making in Australia: A case study of Islamic or Sharia-compliant wills

Wilson, Jill, Rosenman, Linda, White, Ben, Tilse, Cheryl and Feeney, Rachel (2016) Cultural considerations in will-making in Australia: A case study of Islamic or Sharia-compliant wills. Alternative Law Journal, 41 1: 23-26.

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Name Description MIMEType Size Downloads
Author Wilson, Jill
Rosenman, Linda
White, Ben
Tilse, Cheryl
Feeney, Rachel
Title Cultural considerations in will-making in Australia: A case study of Islamic or Sharia-compliant wills
Journal name Alternative Law Journal   Check publisher's open access policy
ISSN 1037-969X
Publication date 2016-03-01
Year available 2016
Sub-type Article (original research)
Open Access Status Not Open Access
Volume 41
Issue 1
Start page 23
End page 26
Total pages 4
Place of publication Melbourne, Australia
Publisher Legal Service Bulletin Co-Operative
Language eng
Formatted abstract
There are major legal and cultural differences across countries in principles guiding intergenerational transmission of wealth, and individual differences in views on inheritance.1 Australian succession law is based upon English common law, starting with the presumption of testamentary freedom, which allows a testator to dispose of their estate as they see fit. However, this freedom can be limited by family provision laws that allow 'eligible applicants' to contest distributions on the basis of insufficient provision in accordance with legislation of the particular State or Territory. Hence, the legal framework represents a balance between testamentary freedom and familial obligation. Internationally there are significant cultural and legal differences in the degree of will-makers' testamentary freedom.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: HERDC Pre-Audit
School of Nursing, Midwifery and Social Work Publications
 
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Created: Tue, 05 Jul 2016, 00:33:59 EST by Miss Rachel Feeney on behalf of School of Nursing, Midwifery and Social Work