Buch, Englisch, 1206 Seiten
ISBN: 978-0-414-03208-8
Verlag: Sweet & Maxwell
- The effect of the Mental Capacity Act 2005 and recent caselaw on testamentary capacity
- Review of recent cases concerning want of knowledge and approval
- Recent European and domestic caselaw concerning choice of and conflicts of law
- Updated advice on and discussion of family provision
- Caselaw on the admission of extrinsic evidence as to construction
- Problems arising from and solutions to professional negligence in drafting and executing Wills
- The impact of the Perpetuities and Accumulations Act 2009
- An overview and full discussion of recent developments in the law relating to constructive trusts and proprietary estoppel
- The impact of the Charities Act 2006 on charitable dispositions in Wills, and recent cases
- A fully updated section on the construction of Wills, including analysis of the Privy Council opinion in Sammut v Manzi regarding the effect of punctuation and sub-paragraphs on interpretation, and discussion of the possible effect of The Human Rights Act.
The authors have included cross-references where appropriate to the publisher’s looseleaf service Practical Will Precedents, to Drafting Trusts and Will Trusts, and to Brighouse’s Precedents of Wills. The text is therefore both academically rigorous and practically illuminating.
First Supplement to the 17th Edition
The new supplement to Theobald on Wills records all the relevant cases on the law of will that have been decided since last edition. This new supplement explains a number of important developments for key cases and recent legislation that you need to be aware of to best serve your clients, including:
- The discussion of the obiter remarks of the Court of Appeal in Burgess v Hawes
- The “awful warning” of Marley v Rawlings
This supplement also updates you on:
- Examples are the EU Succession Regulation
- Developments in the law of constructive trusts and estoppel, as they affect wills
- Professional negligence in relation to wills
- Family provision
- Gifts for charitable purposes
- The possible effect of Human Rights law on gifts in wills
- The so-called “Rule in Hastings-Bass” and the associated law of mistake
- The new law applying to the capital and income of trusts
- The treatment of the new, or least modified approach to Wills, explained by the Court of Appeal in RSPCA v Sharp
Autoren/Hrsg.
Weitere Infos & Material
SECTION A: INTRODUCTION
Wills and other Testamentary instruments
Wills and conflict of Laws
SECTION B: MAKING A WILL
Formal Validity
Substantial Validity
Incorporation of Documents
Alterations
Revocation
Revival and Republication
What property may be disposed of by Will?
The Equitable doctrine of Election
Who may be Devisees of Legatees?
Provision for the Deceased’s Family and Dependants
SECTION C: UNDERSTANDING A WILL
Admissibility of Evidence as an aid to Construction
General Principles of Construction
Alteration and Revocation of Gifts
Types of Legacy
Gifts over
Testamentary Options
Gifts and Annuities
Gifts for Charitable Purposes
Residuary Gifts and Partial Intestacy
Description of Things
Description of Beneficiaries: General
Description of Beneficiaries: Relationships
Description of Beneficiaries: Children
Description of Beneficiaries: Class Gifts
Descriptions of Interests
Conditions
Vesting
Perpetuity and Accumulation
Execution of Powers
SECTION D: GIVING EFFECT TO WILLS
Probate and its Effect
Administration
Administrative powers of Trustees
Double Portions
Income or Interest Carried by Gifts
SECTION E: PROFESSIONAL NEGLIGENCE
Professional Negligence
