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

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

Name: A Practical Guide to the Construction and Rectification of Wills and Trust Instruments 2nd Edition
Brand: Law Brief Publishing
SKU: 9781916698260
Price: 979.86 HKD
Availability: InStock
Author: Edward Hewitt
ISBN: 9781916698260

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.

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

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

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Table of Contents

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