Drafting Wills for Indigenous People: Pitfalls and Considerations

Abstract

Intestacy laws in Australia are grossly inadequate to deal with the inheritance issues of Indigenous people. This paper sets out some of the considerations which are important if wills are to be drafted to meet these needs. The article considers dealing with kinship issues, guardianship and the disposal of the body, but in particular focuses on the use of equitable vehicles to protect customary law obligations and secret knowledge.

Keywords: Intestacy laws, Indigenous people