Cultural Considerations in Will-Making in Australia: A Case Study of Islamic or Sharia-Compliant Wills

Alternative Law Journal, Vol. 41(1), Pp. 23-26, 2016

5 Pages Posted: 30 Jun 2016 Last revised: 14 Jul 2016

See all articles by Jill Wilson

Jill Wilson

University of Queensland

Linda Rosenman

University of Queensland

Ben White

Queensland University of Technology - Faculty of Law

Cheryl Tilse

University of Queensland

Rachel Feeney

University of Queensland

Date Written: 2016

Abstract

There are major legal and cultural differences across countries in principles guiding intergenerational transmission of wealth, and individual differences in views on inheritance. 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.

Keywords: Wills, Islamic law, Sharia law, Succession law, Will making

Suggested Citation

Wilson, Jill and Rosenman, Linda and White, Ben and Tilse, Cheryl and Feeney, Rachel, Cultural Considerations in Will-Making in Australia: A Case Study of Islamic or Sharia-Compliant Wills (2016). Alternative Law Journal, Vol. 41(1), Pp. 23-26, 2016. Available at SSRN: https://ssrn.com/abstract=2802396

Jill Wilson

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Linda Rosenman

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Cheryl Tilse

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

Rachel Feeney

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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