Theobald on wills / by Alexander Learmonth, Charlotte Ford, Thomas Fletcher, Julia Clarke, Karen Shuman.

London : Sweet & Maxwell, 2021.

19th edition

199009

Wills -- Great Britain.

SECTION A: Introduction

1. Wills and other testamentary instruments

2. Wills and conflicts of laws

SECTION B: Making a will

3. The formal validity of wills

4. The substantial validity of wills

5. Incorporation of documents and secret trusts

6. Alterations

7. Revocation, revival and republication

8. What property may be disposed of by will?

9. The equitable doctrine of election

10. Who may be devisees or legatees?

SECTION C: Procedure for contentious probate claims

11. Preliminary steps and parties

12. The claim form, acknowledgement, evidence of testamentary documents and statements of case

13. Case management and pre-trial procedure

14. Trial

15. Costs

16. Provision for the deceased’s family and dependants

SECTION D: Understanding a will

17. Admissibility of evidence as an aid to construction

18. General principles of construction

19. Rectification of wills

20. Procedure in interpretation and rectification claims

21. Types of legacy

22. Gifts over

23. Testamentary options

24. Gifts of annuities

25. Gifts for charitable purposes

26. Residuary gifts and partial intestacy

27. Description of things

28. Description of beneficiaries: General

29. Description of beneficiaries: Relationships

30. Description of beneficiaries: Children

31. Description of beneficiaries: Class gifts

32. Descriptions of interests

33. Conditions

34. Vesting

35. Perpetuity and accumulation

36. Execution of powers

SECTION E: Giving effect to wills

37. Probate and its effect

38. Administration

39. Administrative powers of trustees

40. Satisfaction; The presumption against double portions (and other double provision)

41. Ademption

42. Income or interest carried by gifts

43. Rights between tenant for life and remainderman

44. Professional negligence.

Theobald on Wills provides an unrivalled blend of academic analysis and practical advice on the law of wills. It covers every aspect of the subject, from the fundamental principles of will making to a wide range of practical issues and discussion of the latest case law. This new edition: Significantly expands the treatment of the formal and substantial validity of wills, including a new section on the new Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and new material from Professor Robin Jacoby on pneumonia and hypoxia as potential causes of incapacity. Contains substantial new material on formal and substantial validity; revocation and revival; incorporation of documents; secret trusts; and the impact of human rights on the interests of children born outside the marriage. Includes the essential treatment for practitioners on the practice and procedure to be adopted for contentious probate claims and the procedures available for issues relating to the construction and rectification of wills. Offers guidance on alternative dispute resolution in the context of wills. Key features: Explains the fundamental principles of will making, clarifying complex concepts in clear English. Goes through the general principles of construction and the admissibility of evidence. Offers guidance on the interpretation of wills and the meaning of words for the purposes of construing wills. Shows how the courts have interpreted the law through detailed analysis of case law. Identifies problems which may arise in practice and provides possible solutions. Offers advice on procedural matters including the resolution of difficulties by court order and mediation. Covers related topics such as administration of estates and the law of trusts. - Publisher's website.

Previous edition: 2016.

Includes bibliographical references and index.

9780414083707

ccxxii, 1047 pages ; 24 cm