Book Review: Principles of Australian Succession Law

(Second Edition)

Author: Ken Mackie
Publisher: LexisNexis Butterworths
Reviewed by Dominic Katter

The High Court of Australia has decided relatively few succession-related matters in recent years. Much succession law throughout the various jurisdictions is articulated through primary determination and alternative dispute resolution mechanisms. Principles of Australian Succession Law is published against that background.

The first edition of Principles of Australian Succession Law was published in 2007.  This second edition is current to 1 February 2013.

The author, Ken Mackie, is a Senior Lecturer in law and Sub-Dean at the Law School of the University of Tasmania. Mackie is also responsible for co-authoring the comprehensive Law of Succession, 2013, also published by LexisNexis.

This monograph, though retaining detailed footnotes, is narrower in scope than Law of Succession and is primarily aimed at the undergraduate student who is unacquainted with the fundamental principles of succession law. However, the text may provide a quick reference guide to the practitioner, particularly, as to initial consideration of matters from another jurisdiction.
This second edition includes two additional chapters, addressing statutory wills and survivorship, beyond the chapters of the first edition.

There is a detailed examination of the foundational principles of succession law, namely: the meaning and scope of succession law; the general nature of a will; the mental elements required to ‘make’ a will; requisite formal requirements; revocation and alteration; re-publication and revival; construction of wills, gifts by will; distribution on intestacy; family provision, personal representatives; grants of representation and the administrative process as it relates to personal representatives.

The work is comprehensively and appropriate referenced. The table of cases and statutes is relatively significant at some 35 pages. 

Simple fact descriptions are used to explain succession law principles in an efficient manner without the loss of accuracy. Frequent references to relevant and recent case law allow the reader to use the book as a starting point as to further research.  

Principles of Australian Succession Law is 392 pages in length and retails for approximately $100.00.

Dominic Katter