Wills / Probate / Trusts

Will Draftsman's Handbook, 9th edition

By Julie Bell
Law Society Publishing October 2019

Specifications

ISBN-13
9781784461348
Publisher
Law Society Publishing
Publication
October 2019
Format
Paperback + CD-ROM , 264 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This popular book assists practitioners with the preparation of wills for the most commonly encountered situations. The concise and accessible text combines practical tools and expert guidance, including commentary on the underlying law, over 50 precedent clauses which can be readily assembled to draft wills, specimen will forms and essential statutory extracts.

The 10th edition has been fully revised to include:

  • a new chapter on risks for the draftsman
  • changes resulting from the residence nil-rate band
  • digital assets
  • recent case law and its implications
  • revisions and modernisation of precedent clauses, and
  • new precedents on capacity assessment, severance of joint tenancy and letter of wishes

    The book provides guidance on taking instructions, the duties of the draftsman, principles of drafting, the legal framework and the effect of taxation. The accompanying free CD-ROM contains the precedent clauses and will forms for easy customisation.

Table of Contents

Part I: Preliminary Notes: 
1. How to use this book;
2. The draftsman's responsibilities;
3. Law of intestacy: some comparisons;
4. Law of family provision - the 1975 Act; 
5. Effect of taxation; 
6. Statutory rules for the draftsman; 
7. Statutory rules of interpretation that determine relationships;
Part II: Precedent Clauses:
A. Commencement; 
B. Executor and trustees;
C. Testamentary guardians;
D. Specific gifts; 
E. Pecuniary legacies;
F. Dispositions of residue; 
G. Overriding discretionary trusts;
H. Trustees powers; extended and additional powers; 
I. Conclusion;
J. Codicils; 
Appendices.
1. Statutory provisions relating to intestacy
2. Statutory provisions relating to family provision
3. Statutory provisions relating to post-death variations, disclaimers, etc.
4. Statutory provisions relating to powers of trustees (selected)
5. Statutory provisions relating to trusts for children and young people
6. Statutory provisions relating to the execution, revocation, alteration, rectification and interpretation of wills
7. Will forms
Index.

About the Author

Robin Riddett is a former associate director at the College of Law and is now a freelance lecturer and author.

Professor Lesley King of the College of Law is editor of the Probate Practitioner's Handbook, 6th edition (Law Society, 2010). She also writes and lectures extensively on wills, taxation and related matters.

Peter Gausden was formerly a principal lecturer at the College of Law and is now a consultant solicitor at Rowlinsons advising on probate and estate planning. He has contributed to Tolley's Administration of Estates and Tolley Guidance (both LexisNexis) and is co-author of Wills: A Practical Guide and A Practitioner's Guide to Wills (both Wildy, Simmonds & Hill).

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