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Theobald on Wills, 17th Edition (Mainwork + 1st Supplement)

Theobald on Wills, 17th Edition (Mainwork + 1st Supplement)

Author: John Ross Martyn; Dr Mika Oldham; Alexander Learmonth; Charlotte Ford
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414032088
Published In: December 2013
Format: Hardback + Paperback , 1206 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents

Details

The new 17th ed 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 1st Suplement was published in december 2013
The Main work was published in December 2010
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 by James Kessler, and to Brighouse's Precedents of Wills. The text is therefore both academically rigorous and practically illuminating.

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.