Theobald on Wills, 19th Ed | 2021
Theobald on Wills, 19th Ed | 2021
| Author | Alexander Learmonth, Charlotte Ford, Thomas Fletcher, Master Clark, Master Shuman |
| Publication Date | March 2021 |
| ISBN | 9789393702876 |
| Format | Hardcover |
| Publisher | Sweet & Maxwell |
Theobald on Wills offers a unique synthesis of scholarly research and useful guidance on will law. It covers every facet of the topic, from the foundational ideas behind will-making to a variety of practical concerns and discussions of recent legal developments.
This new edition of Theobald on Wills, 19th Ed:
- includes a new section on the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and new content from Professor Robin Jacoby on pneumonia and hypoxia as potential incapacitation causes. Significantly expands the treatment of the formal and substantial validity of wills.
- contains a significant amount of new information on topics including formal and substantive validity, document incorporation, revocation and revival, secret trusts, and the effect of human rights on the interests of children born outside of marriage.
- includes the crucial information for practitioners regarding the practise and process to be used for disputed probate claims and the methods available for problems with the building and rectification of wills.
- provides advice on using alternative dispute resolution when dealing with wills.
Key features of Theobald on Wills, 19th Ed:
- explains the core ideas behind will-making, elucidating difficult ideas in simple English
- The broad principles of construction and the admissibility of evidence are covered.
- Advice is provided on how to interpret wills and what terms signify for the purposes of construing wills.
- provides a thorough review of case law to demonstrate how the courts have construed the legislation.
- identifies potential issues that can occur in practise and offers answers
- provides guidance on procedural issues, such as how to resolve conflicts through court orders and mediation.
- includes relevant material on subjects like trust law and estate management.
TABLE OF CONTENTS Of Theobald on Wills, 19th Ed
Foreword To The 19th Edition Of Theobald On Wills
Preface
List Of Books
Table Of Cases
Table Of Statutes
Table Of Statutory Instruments
Section A: Introduction
Chapter 1. Wills And Other Testamentary Instruments
Chapter 2. Wills And Conflicts Of Laws
Section B: Making A Will
Chapter 3. The Formal Validity Ofwills
Chapter 5. Incorporation Of Documents And Secret Trusts
Chapter 6. Alterations
Chapter 7. Revocation, Revival And Republication
Chapter 8. What Propertymay Be Disposed Of Bywill?
Chapter 9. The Equitable Doctrine Of Election
Chapter 10. Who May Be Devisees Or Legatees?
Section C: Procedure For Contentious Probate Claims
Chapter 11. Preliminary Steps And Parties
Chapter 12. The Claim Form, Acknowledgement, Evidence Of Testamentary
Chapter 13. Case Management And Pre-Trial Procedure
Chapter 14. Trial
Chapter 15. Costs
Chapter 16. Provision For The Deceased’s Family And Dependants
Section D: Understanding A Will
Chapter 17. Admissibility Of Evidence As An Aid To Construction
Chapter 18. General Principles Of Construction
Chapter 19. Rectification Ofwills
Chapter 20. Procedure In Other Claims Concerningwills
Chapter 21. Types Of Legacy
Chapter 22. Gifts Over
Chapter 23. Testamentary Options
Chapter 24. Gifts Of Annuities
Chapter 25. Gifts For Charitable Purposes
Chapter 26. Residuary Gifts And Partial Intestacy
Chapter 27. Description Of Things
Chapter 28. Description Of Beneficiaries: General
Chapter 29. Description Of Beneficiaries: Relationships
Chapter 30. Description Of Beneficiaries: Children
Chapter 31. Description Of Beneficiaries: Class Gifts
Chapter 32. Descriptions Of Interests
Chapter 34. Vesting
Chapter 35. Perpetuity And Accumulation
Chapter 36. Execution Of Powers
Section E: Giving Effect To Wills
Chapter 37. Probate And Its Effect
Chapter 38. Administration
Chapter 39. Administrative Powers Of Trustees
Chapter 40. Rules Against Double Portions And Other Double Provision
Chapter 41. Ademption
Chapter 42. Income Or Interest Carried By Gifts
Chapter 43. Rights Between Tenant For Life And Remainderman
Chapter 44. Professional Negligence
