Indigenous peoples in Australia have a low rate of will making. This applies to Aboriginal and Torres Strait Islander peoples. Aboriginal people are subject to a a number of myths that obscure the problem of inheritance. This includes the myth that Aboriginal people have no property or interest in property beyond land and secondly that Aboriginal people either live totally in a traditional or urbanised Western lifestyle. This project aims to create a methodology for creating effective and appropriate wills for Aboriginal people in NSW.
Relevant publications:
Associate Professor Prue Vines has written extensively on this issue including:
Prue Vines, ‘When cultures clash: Aborigines and Inheritance in Australia’ in Miller, G (ed) Frontiers of Family Law (2003) 98-119.
Prue Vines, ‘Consequences of Intestacy for Indigenous People in Australia: the passing of property and burial rights’ (2004) 8(4) Australian Indigenous Law Reporter 1-10.
Prue Vines, ‘Resting in peace?: a comparison of the legal control of bodily remains in cemeteries and Aboriginal burial grounds in Australia’ (1998) 20 (1) Sydney Law Review 78-107.
Prue Vines, ‘Wills as Shields and Spears: the failure of intestacy law and the need for wills for customary purposes in Australia’ (2001) 5(13) Indigenous Law Bulletin 16-19. |