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Theobald on Wills
Theobald on Wills
18th Edition
Series:  Property and Conveyancing Library
Practice Area:  Wills & Probate
ISBN:  9780414050952
Published by:  Sweet & Maxwell
Publication Date:  20 May 2016
Format:  Hardback
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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.

“Let’s choose executors, and talk of wills”: Shakespeare, Richard II

  • 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

The new edition includes material on:

  • Private International Law (otherwise known as the Conflict of Laws), including the EU Succession Regulation and its impact in England and Wales
  • Testamentary capacity, in the light of a number of cases, including Walker v Badmin
  • The rectification of wills, in the light of Marley v Rawlings, Kell v Jones and Reading v Reading
  • Secret and half secret trusts, including the decision in Re Freud about the estate of the painter, Lucien Freud
  • The interpretation of wills, in the light of Sharp v Adam and Marley v Rawlings
  • The law of donatio mortis causa, considered by the Court of Appeal in King v Dubrey
  • Recent cases on the Inheritance (Provision for Family and Dependants) Act 1975, and the amendment of the Act by the Inheritance and Trustees’ Powers Act 2014
  • Developments in the law of professional negligence as it relates to wills, including new commentary on the extent of the duty to mitigate
  • Recent statutes, including The Charities Act 2011, the Inheritance and Trustees’ Powers Act 2014, and the Trusts (Capital and Income) Act 2014

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