Williams, Mortimer & Sunnucks - Executors, Administrators and Probate


Williams, Mortimer & Sunnucks - Executors, Administrators and Probate, 21st Edition

Author Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn (General Editor)
Publication Date Apr 2018
ISBN 9780414064638
Publisher Sweet & Maxwell


Williams, Mortimer, and Sunnucks offers in-depth advice on probate law and estate administration after death. It is widely regarded as one of the most authoritative sources on the subject, providing an in-depth examination of the law and how it applies in practise.

This book provides authoritative examination of the law and how it has been implemented by the courts to provide solutions to the most difficult challenges. It covers all aspects of the probate process, including the grant of probate and administration, non-contentious and contentious practise, devolution and liability, and asset management and distribution.

The authors also discuss the ramifications of recent case law, including as key decisions on testamentary ability, knowledge and approval, undue influence, due execution, and costs.

New to this edition:
  • The Inheritance (Provision for Family and Dependents) Act 1975 was upheld by the Supreme Court in the case of Ilott v Blue Cross.
  • The Inheritance and Trustee Powers Act 2014 makes changes to the 1975 Act and intestacy regulations.
  • Reorganized to make it easier to use.
  • A whole new section on forgery of wills has been added.
  • The EU Succession Regulation has been updated.
  • The CPR has been amended, and you now have standing to file a probate claim.
  • Personal Representatives can now be removed, according to new case law.
  • The new Insolvency Rules 2016 are discussed in relation to insolvent estates.
  • The status of testamentary capacity has been updated.

Key features of Williams, Mortimer & Sunnucks - Executors, Administrators and Probate:

  • Provides authoritative information on all legal issues concerning personal representatives and estate distribution after death.
  • Provides authoritative examination of the law and how it has been interpreted by the courts to provide solutions to the most difficult challenges.
  • Provides extensive examination of decisions and their rationale to guide practitioners through case law.
  • Follows the probate and administration process in order.
  • Covers probate and administration grants, non-contentious and contentious practise, devolution and liability, as well as asset administration and distribution.
  • Takes into mind the needs of the family.
  • Deals with international assets.
  • Private international law as it pertains to personal representatives is covered.
  • Considers how the evolution of the general law of restitution impacts asset refunding, tracking, and tracing.
  • Case law developments are discussed, including key decisions on testamentary ability, knowledge and approval, undue influence, due execution, and costs.
  • All appropriate legislation, rules, orders, and paperwork are re-created.

TABLE OF CONTENTS of Williams, Mortimer & Sunnucks - Executors, Administrators and Probate

Part 1 - Preliminary Matters

Chapter 1 - Definitions and the Structure of this Book
Chapter 2 - History and Jurisdiction
Chapter 3 - Jurisdiction Where There is a Foreign Element
Chapter 4 - Capacity to Act as Representative
Chapter 5 - The Need for a Grant

Part 2 - Executors and the Admission of Wills to Probate

Chapter 6 - Executors—Appointment, Acceptance, Renunciation and Transmission of Office
Chapter 7 - Types of Will
Chapter 8 - Forms of Probate
Chapter 9 - The Formal Validity of Wills and Privileged Wills
Chapter 10 - The Substantial Validity of Wills
Chapter 11 - The Revocation of Wills
Chapter 12 - The Revival of Wills

Part 3 - Administrators

Chapter 13 - Appointment of Administrators and Acceptance of Office
Chapter 14 - Administrators—Entitlement to a Grant with the Will Annexed
Chapter 15 - Administrators—Entitlement to a Grant on Total Intestacy

Part 4 - Non-Contentious Practice

Chapter 16 - Grants in Common Form—General Practice

Chapter 18 - Applications to Admit Wills to Proof
Chapter 19 - Limited Grants
Chapter 20 - Special Grants
Chapter 21 - Discretionary Grants
Chapter 22 - Amendment, Notation, Revocation and Impounding of Grants
Chapter 23 - Recognition and Resealing of Grants
Chapter 24 - Searches, Copies, Exemplifications, Duplicates and Deposit of Wills of Living Persons
Chapter 25 - Caveats
Chapter 26 - Citation
Chapter 27 - Applications and Summonses in Non-contentious Proceedings
Chapter 28 - Costs of Non-contentious Business

Part 5 - Contentious Practice

Chapter 29 - Preliminary Steps and Parties
Chapter 30 - The Claim Form, Acknowledgement, Evidence of Testamentary Documents and Statements of Case
Chapter 31 - Case Management and Pre-trial Procedure
Chapter 32 - Trial
Chapter 33 - Costs

Part 6 - Devolution and Liability

Chapter 34 - The Effect of a Grant
Chapter 35 - Vesting in the Personal Representative
Chapter 36 - Vesting of Assets in Others: Donationes Mortis Causa
Chapter 37 - Social Security Benefits and Tax Credits
Chapter 38 - The Devolution of Chattels
Chapter 39 - Devolution of Claims and Choses in Action
Chapter 40 - Devolution of Land
Chapter 41 - Incidence of Liabilities of the Deceased

Part 7 - Administration of Assets

Chapter 42 - Preliminary Matters; Duties in Administration
Chapter 43 - Assets
Chapter 44 - Administration of Digital Information
Chapter 45 - Taxation of Personal Representatives
Chapter 46 - The Payment of Debts
Chapter 47 - Priority of Creditors over Beneficiaries
Chapter 48 - Debts Due to and from Representatives and Beneficiaries
Chapter 49 - Administration where there is a Foreign Element
Chapter 50 - Powers of the Representative
Chapter 51 - Remuneration and Payments
Chapter 52 - The Liability for a Representative’s Own Acts

Part 8 - Family Provision

Chapter 53 - Family Provision: The Purpose, Extent and Limits of the Legislation
Chapter 54 - Family Provision: Exercise of Discretion
Chapter 55 - Family Provision: Property Available for Provision
Chapter 56 - Family Provision: Procedure

Part 9 - Administration and Other Actions

Chapter 57 - Administration Proceedings
Chapter 58 - Other Proceedings in Administration
Chapter 59 - Claims by the Estate
Chapter 60 - Claims against the Estate
Chapter 61 - Limitation of Actions
Chapter 62 - Judgments against Representatives
Chapter 63 - Costs in Administration Proceedings

Part 10 - Distribution of Assets

Chapter 64 - The Executor’s Year
Chapter 65 - Problems of Distribution
Chapter 66 - Ademption and Satisfaction
Chapter 67 - Description
Chapter 68 - Incapacity to Take
Chapter 69 - Election
Chapter 70 - Payment of Legacies—Marshalling
Chapter 71 - Abatement
Chapter 72 - Future Legacies
Chapter 73 - Payment and Receipt
Chapter 74 - Income, Interest and Annuities
Chapter 75 - Equitable Apportionment
Chapter 76 - Assents
Chapter 77 - Distribution on Intestacy
Chapter 78 - Refunding, Following, Tracing and Subrogation
Appendix - Table of Distribution on Intestacy

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