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.
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978-0-414-04294-0 (9780414042940)
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Schweitzer Klassifikation
What Local Law Regulates Succession; General Characteristics of Testamentary Instruments; The Mind of the Testator; Formalities for Making a Will; Privileged Wills; Incorporation of Documents; Alterations; Revocation; Revival and Republication; Contracts Relating to Wills, Proprietary Estoppel and Constructive Trusts; Secret Trusts; Probate and its Effect; What Property may be Disposed of by Will?; The Equitable Doctrine of Election; Who may be Devisees or Legatees?; Provision for the Deceased's Family and Dependants; General Principles of Construction and Admissibility of Evidence; Date From Which a Will Speaks; Specific, General and Demonstrative Legacies; Cumulative and Substitutional Legacies; Ademption; Income or Interest Carried by Gifts; Description of Things; The Meaning of Certain Words Describing Things; Testamentary Options; Residuary Gifts; Execution of General Powers; Execution of Special Powers; Conversion; Gifts to Personae Designatae and to Persons filling a Certain Character; Construction o