A Practical Guide to the Construction and Rectification of Wills and Trust Instruments 2nd Edition

Equity & Trusts › Wills / Probate / Trusts

A Practical Guide to the Construction and Rectification of Wills and Trust Instruments 2nd Edition

By Edward Hewitt
Law Brief Publishing December 2023

Specifications

ISBN-13
9781916698260
Publisher
Law Brief Publishing
Publication
December 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman.

This book is designed as a practical guide to overcoming drafting problems. As well as considering the court’s modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.

This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide.

Table of Contents

Chapter One – Introduction
1.1 The problem
1.2 Structure of this book: distinction between wills and other trust instruments
1.3 A bit of history
1.4 Relationship between construction and rectification
1.5 Miscellaneous

Chapter Two – Construction of Wills
2.1 The law
2.2 Practice and procedure
2.2.1 Who is affected?
2.2.2 Can the problem be resolved by agreement?
2.2.3 Professional negligence
2.2.4 Court intervention: section 48 of the Administration of Justice Act 1985
2.2.5 Court intervention: construction claims in the Chancery Division

Chapter Three – Rectification of Wills
3.1 The law
3.2 Practice and procedure
3.2.1 Who is affected?
3.2.2 Can the problem be resolved by agreement?
3.2.3 Professional negligence
3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 1987
3.2.5 Court intervention: rectification claims in the Chancery Division

Chapter Four – Construction of Other Trust Instruments
4.1 The law
4.2 Practice and procedure
4.2.1 Who is affected?
4.2.2 Can the problem be resolved by agreement?
4.2.3 Professional negligence
4.2.4 Court intervention: section 48 of the Administration of Justice Act 1985
4.2.5 Court intervention: construction claims in the Chancery Division

Chapter Five – Rectification of Other Trust Instruments
5.1 The law
5.2 Practice and procedure
5.2.1 Who is affected?
5.2.2 Can the problem be resolved by agreement?
5.2.3 Professional negligence
5.2.4 Court intervention: rectification claims in the Chancery Division

Chapter Six – Mistake and Hastings-Bass
6.1 Mistake
6.2 Hastings-Bass
HKD 979.86

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Equity & Trusts

View all
Snell's Equity 33rd Edition with 4th Supplement
Sweet & Maxwell U.K.

Snell's Equity 33rd Edition with 4th Supplement

John McGhee, Snells
Equity and Trusts 11th Edition
Routledge-Cavendish

Equity and Trusts 11th Edition

Alastair Hudson
HKD 545.87
Unlocking Equity and Trusts 7th Edition
Routledge

Unlocking Equity and Trusts 7th Edition

Mohamed Ramjohn
Trusts and Equity 8th Edition
Oxford University Press

Trusts and Equity 8th Edition

Gary Watt
Getting the Deal Through: Technology M&A 2019
Getting the Deal Through

Getting the Deal Through: Technology M&A 2019

Anthony Thompson; Nicole Aubin-Parvu
Ong on Tracing
The Federation Press

Ong on Tracing

Denis SK Ong
HKD 1,263.50