Wills / Probate / Trusts

Theobald on Wills, 17th Edition

Edited by John Ross Martyn · Dr Mika Oldham · Alexander Learmonth · Charlotte Ford
Sweet & Maxwell U.K. December 2010

Specifications

ISBN-13
9780414042940
Publisher
Sweet & Maxwell U.K.
Publication
December 2010
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The new edition of Theobald on Wills contains an unrivalled blend of academic comment and practical advice on the most recent case law, legislation both domestic and European, and authorities affecting all aspects of the law of Wills. Many recent developments are discussed in detail, including the following:

  • 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.

Table of Contents

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.

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