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Book Cover
E-book
Author Sawyer, Caroline, author

Title Succession, wills and probate / Caroline Sawyer, Miriam Spero
Edition Third edition
Published London [England] ; New York, New York : Routledge, 2015
©2015

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Description 1 online resource (431 pages) : illustrations
Contents Cover; Title Page; Copyright Page; Outline Contents; Table of Contents; List of Figures; Preface; Table of Cases; Table of Statutes; Table of Statutory Instruments; 1 History; 1.1 Why study the history of succession law?; 1.2 Underlying issues remain the same: the old solutions may be the best ones; 1.3 Some things are gone forever; 1.4 Land and personalty; 1.5 Land; 1.6 Personalty; 1.7 Wills; 1.8 Uses; 1.9 Formalities; 1.10 Married women: dower and curtesy; 1.11 Executors; 1.12 Intestacy; 1.13 Administrators; 1.14 Lay courts
1.15 Conflicts of laws, international and regional law and the global context1.16 Summary of Chapter 1; 1.17 Further reading; 2 Will Substitutes; 2.1 Lifetime gifts; 2.2 Formalities; 2.3 Nominations; 2.4 Life insurance; 2.5 Contracts to make a will or leave property by will; 2.6 Donationes mortis causa; 2.7 Imperfect gifts/incompletely constituted trusts; 2.8 Joint tenancies; 2.9 Secret and half-secret trusts; 2.10 Statutory succession; 2.11 Summary of Chapter 2; 2.12 Further reading; 3 Nature and Characteristics of a Will; 3.1 Meaning of 'will'; 3.2 Intention to make a will
3.3 Conditional wills3.4 Testator may do other things by will than dispose of property; 3.5 When is a will valid?; 3.6 Provisions must be certain to be valid; 3.7 Contents of wills; 3.8 Summary of Chapter 3; 4 Capacity to Make a Will; 4.1 Need for testamentary capacity, free will and knowledge and approval; 4.2 Assessing testamentary capacity; 4.3 Testamentary and general capacity; 4.4 Supervening mental incapacity; 4.5 An alternative approach?; 4.6 The infirm client; 4.7 Judges or doctors?; 4.8 Undue influence; 4.9 Knowledge and approval
4.10 Lack of knowledge and approval or some other issue?4.11 Mistake; 4.12 Summary of Chapter 4; 4.13 Further reading; 5 Formalities for the Execution of Wills; 5.1 Background to the current provisions as to formalities; 5.2 Current provisions as to formalities; 5.3 The formalities -- s 9 itself; 5.4 In writing; 5.5 Signed by the testator; 5.6 Signature on the testator's behalf; 5.7 Signature of the whole will; 5.8 Intention to give effect to the will by the signature; 5.9 Signature or acknowledgment in the presence of witnesses; 5.10 Acknowledgment of signature; 5.11 Presence
5.12 Simultaneous presence of testator and each witness on that witness' signature5.13 Acknowledgment of signature by a witness; 5.14 What the witnesses need to know; 5.15 Capacity to be a witness; 5.16 Attestation clause; 5.17 Beneficiary as witness; 5.18 Date; 5.19 Doctrine of incorporation by reference; 5.20 Safekeeping a will: deposit and registration; 5.21 Summary of Chapter 5; 5.22 Further reading; 6 Special Wills; 6.1 Privileged wills; 6.2 Foreign wills; 6.3 International wills; 6.4 Joint wills; 6.5 Mutual wills; 6.6 Religious wills; 6.7 Statutory wills
Summary "Succession, Wills and Probate provides a comprehensive guide to all areas of succession law. It considers the passing of property outside a will as well as dealing with intestate estates. It looks at the nature of wills and gives full details of the capacity and formalities for creating valid wills, including special wills, as well as altering and revoking them. In implementing wills, the principles of construction are dealt with, as well as what happens if a gift fails. There is a comprehensive introduction to the functions and administrative duties of personal representatives, and a substantial chapter covers the highly topical area of family provision. Cases are presented in detail throughout. The student is offered summaries of the mainstream criticisms of each area as an introduction to a more critical approach. This third edition includes new material on religious wills and expanded coverage of foreign wills. It has been thoroughly updated throughout to incorporate recent case law on capacity, formalities mutual wills, intestacy and undue influence, amongst other areas, and to reflect the considerable developments since publication of the previous edition such as the Civil Partnership Act 2004 and its impact on the Family Provision Act, Lasting Powers of Attorney, the Mental Capacity Act 2005, Estates of Deceased Persons Act 2011 and changes to the structure of Inheritance Tax."-- Provided by publisher
"Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision"-- Provided by publisher
Bibliography Includes bibliographical references at the end of each chapters and index
Notes Print version record
Subject Inheritance and succession -- Great Britain
Estate planning -- Great Britain
Probate law and practice -- Great Britain
Estate planning
Inheritance and succession
Probate law and practice
Law.
Great Britain
Form Electronic book
Author Spero, Miriam, author
ISBN 9781315707389
1315707381
9781317479697
1317479696
9781317479673
131747967X
9781317479680
1317479688
0415720524
9780415720526
0415720516
9780415720519