“The range of “risks” to which a will maker, his or her property, interested parties or members of the legal profession may be subject is probably infinite in its dimensions. Risk cannot be eliminated from life, or, it seems, from death.“
The Hon Justice Lindsay, Equity Division, Supreme Court of New South Wales, Seminar presentation to the Succession Law Committee of the Law Society of New South Wales, 2013.
“The Romans were also wont to set aside testaments [wills] as being inofficiosa, [irresponsible, unobliging] deficient in natural duty, if they disinherited or totally passed by (without assigning a true and sufficient reason) any of the children of the testator.
But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory or his reason, which otherwise the law presumed;
Hence probably has arisen that groundless vulgar error, of the necessity of leaving the heir a shilling or some other express legacy, in order to disinherit him effectually:”
Sir William Blackstone, translations added in [ ], ‘Of Title by Testament, and Administration‘ Chapter 32, Commentaries on the Laws of England, Book II, 1723-1780. New York Garland Pub. 1978, reprint of the 9th (1783) ed. printed for W. Strahan and T. Cadell, London, and D. Prince, Oxford.
“The law does not belong to judges and lawyers. It belongs to every citizen. Only when the people of Australia are more aware of their legal system will they feel a sense of responsibility about its content and be empowered to chart its future directions.”
The Hon Michael Kirby AC CMG
‘The Living Law’, Foreward to Introducing the Law, 7th ed, 2008, G Heilbronn, P Latimer, J Nielsen, T Pagone and D Kovacks.