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A Practitioner's Guide to Wills 5th ed

A Practitioner's Guide to Wills 5th ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902965
  • Previous Edition ISBN: 9780854902040
  • 出版时间 January 2023
  • 规格: Hardback + CD-ROM
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,160.90
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  • 描述 
  • 大纲 
  • 详细

    Revised and fully updated, the fifth edition of A Practitioner’s Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. Among matters considered in the fifth edition are:

    • What are the requirements for the virtual witnessing of wills executed during the Covid-19 pandemic?

    • What can be done to help prevent a successful challenge to a will if the testator’s capacity or intention might be an issue?

    •To what extent can the terms of a will give rise to a need to register a trust with HMRC?

    • What are the pitfalls if creating a will trust where it is hoped to claim the inheritance tax residential nil rate allowance?

    • Do nil rate band discretionary trusts still have a purpose in estate planning?

    • How does the court now deal with disputes over the interpretation of wills in light of Marley v Rawlings and family provision claims after Ilott v Blue Cross?

    > The book also contains an extensive range of specimen clauses and model wills which are set out in a separate appendix. All precedent material in the book is included on the accompanying CD-ROM.

  • Preface
    Table of Precedents
    Table of Cases
    Table of Statutes
    Table of Statutory Instruments
    Table of Conventions

    1.
    INTRODUCTION
    2.
    THE NATURE OF A WILL
    2.1 Definition
    2.2 A will distinguished from other concepts
    2.3 Contracts to make a will
    2.4 Joint and mutual wills
    2.5 Property which can validly be disposed of by will
    3.
    TESTAMENTARY CAPACITY
    3.1 Changes in capacity
    3.2 Minors
    3.3 Persons who lack capacity
    3.4 Intention
    3.5 Knowledge and approval
    3.6 Mistake
    3.7 Force, fear, fraud or undue influence
    4.
    FORMAL REQUIREMENTS FOR THE CREATION OF A WILL
    4.1 General
    4.2 Writing
    4.3 Signature
    4.4 Attestation
    4.5 Capacity of witnesses
    4.6 Privileged wills
    4.7 Incorporation of unattested documents
    5.
    BENEFICIARIES
    5.1 General
    5.2 Gift to a beneficiary who predeceases the testator
    5.3 Unlawful killing
    5.4 Gifts for the upkeep and maintenance of graves
    5.5 Gifts for animals
    5.6 Gifts to societies and clubs
    5.7 Gifts to charities
    6.
    BENEFICIARIES IDENTIFIED BY DESCRIPTION OR RELATIONSHIP
    6.1 Introduction
    6.2 Relationship by blood and affinity
    6.3 Gender-specific drafting
    6.4 Illegitimacy and adoption
    6.5 Children
    6.6 Descendants
    6.7 Step-children
    6.8 Issue
    6.9 Survivors
    6.10 Spouses and civil partners
    6.11 Next of kin
    6.12 Heir
    6.13 Holders of an office
    6.14 Precatory words
    6.15 Secret trusts
    7.
    REVOCATION AND ALTERATION
    7.1 Revocation
    7.2 Divorce and revocation
    7.3 Revocation by a privileged testator
    7.4 Conditional revocation
    7.5 Alteration
    8.
    CODICILS, REVIVAL AND REPUBLICATION
    8.1 Codicils
    8.2 Revival
    8.3 Republication or confirmation
    9.
    EXECUTORS AND TRUSTEES
    9.1 Appointment of executors
    9.2 Who can be an executor?
    9.3 Renunciation
    9.4 Appointment of trustees
    9.5 Guardians
    10.
    THE DISPOSAL OF THE BODY
    10.1 Directions as to disposal
    10.2 Anatomical research and organ transplantation
    11.
    FOREIGN PROPERTY OR DOMICILE
    11.1 General
    11.2 The concept of domicile
    11.3 Movables
    11.4 Immovables
    11.5 Powers of appointment exercised by will
    11.6 EU Regulation 650/2012
    12.
    LEGACIES
    12.1 Specific Legacies
    12.2 General Legacies
    12.3 Demonstrative legacies
    12.4 Gifts to a debtor
    12.5 Gifts to an executor
    12.6 Gifts to employees
    12.7 Gifts of undivided shares of personalty
    13.
    GIFTS OF BUSINESSES
    13.1 Business property relief
    13.2 Succession planning
    14.
    GIFTS OF LAND
    14.1 General
    14.2 Gifts to minors
    14.3 Directions as to inheritance tax
    14.4 Impact of the residence nil rate band
    14.5 Gifts of undivided shares and clauses dealing with joint property
    14.6 Right to occupy a personal residence
    14.7 Gifts of testamentary options
    14.8 Gifts of leaseholds
    15.
    CONDITIONS ATTACHED TO GIFTS
    15.1 Conditions precedent and subsequent
    15.2 General
    15.3 Effect of invalidity
    15.4 Determinable Interests
    16.
    PILOT TRUSTS
    16.1 Background
    16.2 Traditional pilot trust planning before the 2015 changes
    16.3 The new rules introduced by the Finance (No 2) Act 2015
    16.4 Additional points on the new rules
    16.5 Is there any place for future pilot trusts planning?
    16.6 Non-related settlements
    17.
    GIFTS OF RESIDUE
    17.1 General
    17.2 The necessity for a trust
    17.3 Trust for sale or power to sell
    17.4 Different persons as executors and trustees
    17.5 Trusts of fractional shares of residue
    17.6 Providing for spouses and civil partners
    17.7 Burden of inheritance tax
    17.8 Survivorship clauses
    17.9 Substitutional gifts
    18.
    POWERS AND DISCRETIONARY TRUSTS
    18.1 Nature and classification of powers
    18.2 Wills Act 1837, section 27
    18.3 Perpetuities and Accumulations Act 2009
    18.4 Delegation of powers
    18.5 Consent to exercise power
    18.6 Release of powers
    18.7 Fraudulent appointments
    18.8 Discretionary trusts
    18.9 Nil rate band discretionary trusts
    18.10 Trusts for the disabled
    18.11 Protective trusts
    19.
    INCOME AND INTEREST
    19.1 Immediate specific gifts and devises
    19.2 Contingent or deferred specific gifts
    19.3 General and demonstrative gifts
    19.4 Residuary gifts
    20.
    ABATEMENT, ADEMPTION, ELECTION, SATISFACTION AND CONVERSION
    20.1 Abatement
    20.2 Refunds
    20.3 Ademption
    20.4 Options to purchase and ademption
    20.5 Republication and ademption
    20.6 Election
    20.7 Satisfaction
    20.8 Conversion
    21.
    TESTAMENTARY OPTIONS TO PURCHASE
    21.1 Introduction
    21.2 Terms
    22.
    ADMINISTRATIVE PROVISIONS
    22.1 Introduction
    22.2 Appropriation of assets
    22.3 Power to act though personally interested and to purchase trust property (‘self-dealing’)
    22.4 Retention of directors’ remuneration
    22.5 Power to act by majority
    22.6 Power to employ agents
    22.7 Appointment of new trustees
    22.8 Power to act on counsel’s opinion
    22.9 Indemnity clauses
    22.10 Charging clauses
    22.11 Power to invest
    22.12 ‘Anti-Bartlett’ clauses
    22.13 Power to acquire land
    22.14 Powers to manage land
    22.15 Insurance
    22.16 Debts
    22.17 Power to carry on a business
    22.18 Power to borrow
    22.19 Powers in relation to particular beneficiaries
    22.20 Power to advance capital
    23.
    PERPETUITIES AND ACCUMULATION
    23.1 The general perpetuity rule
    23.2 The rule against vesting outside the perpetuity period
    23.3 The rule against perpetual trusts
    23.4 The rule against accumulations
    24.
    CONSTRUCTION
    24.1 General principles
    24.2 The modern approach to construction
    24.3 Presumptions
    24.4 Admissibility of extrinsic evidence
    24.5 Rectification
    24.6 Date from which a will ‘speaks’
    24.7 The falsa demonstratio doctrine
    24.8 Construing the same words in different parts of the same will
    24.9 Meaning of particular words of description
    24.10 Per capita and per stirpes distribution
    24.11 Children born as a result of fertilisation techniques
    24.12 Surrogacy arrangements
    24.13 Class gifts
    24.14 Absolute interests made subject to restrictions
    24.15 Gifts to legatees and their children
    24.16 Gifts to legatees and their issue
    24.17 Gifts to benefit legatees
    24.18 Gifts over
    24.19 Contingencies relating to gifts over on death
    24.20 Divesting
    24.21 Failure of issue
    25.
    FAILURE OF GIFTS AND INTESTACY
    25.1 Uncertainty
    25.2 Disclaimer
    25.3 Forfeiture on contesting a will
    25.4 The effect of failure
    25.5 Acceleration of a subsequent interest
    25.6 Intestacy
    25.7 Accruer clauses
    26.
    FAMILY PROVISION
    26.1 Introduction
    26.2 Time limit for applications
    26.3 Those who can apply
    26.4 Reasonable financial provision
    26.5 The guidelines
    26.6 Property available for financial provision
    26.7 Orders which the court may make
    26.8 Interim payments
    26.9 Anti-avoidance
    26.10 Tax implications
    26.11 Minimising the chances of a successful claim
    27.
    INHERITANCE TAX
    27.1 The charge to tax
    27.2 Transfers of value
    27.3 Value transferred
    27.4 Transfers which are not transfers of value
    27.5 Chargeable transfers
    27.6 Excluded property
    27.7 Exemptions and reliefs
    27.8 The transferable nil rate band
    27.9 The residence nil rate band
    27.10 Reservation of benefit
    27.11 The reduced rate for charitable giving
    27.12 General tax planning
    27.13 Post-death variations
    28.
    CAPITAL GAINS TAX
    28.1 Introduction
    28.2 Rates of tax
    28.3 Disposal of assets
    28.4 Effect of death
    28.5 Exemptions and reliefs
    28.6 Accelerated payment of tax
    28.7 Rearranging succession provisions after death
    28.8 Basic tax planning
    29.
    SETTLEMENTS
    29.1 Liability to inheritance tax
    29.2 Liability to capital gains tax
    29.3 Inheritance Tax Act 1984, section 144: appointments from trusts within 2 years of death
    29.4 The need to register settlements
    30.
    TAX-EFFICIENT WILL PLANNING
    30.1 Introduction
    30.2 Estate planning options
    30.3 Problems with using the residence nil rate band
    APPENDICES
    A1 COMPLETE WILLS AND MISCELLANEOUS PRECEDENTS
    A1A Standard will: full form (long)
    A1B Mutual wills
    A1C Will disposing of a business
    A1D Will of widow(er) exercising power of appointment given by will of pre-deceased spouse or civil partner
    A1E Will giving nil rate band legacy to discretionary trust
    A1F Simple will giving all property to another of full age absolutely
    A1G Codicil made on separation from spouse or civil partner prior to divorce or annulment
    A1H Will providing for discretionary trust of income during perpetuity period with division of capital at the end of period between surviving beneficiaries
    A1I Letter of wishes to trustees
    A1J Deed of variation to sever beneficial joint tenancy and create nil rate band legacy
    A1K Deed of variation of a will
    A2 NIL RATE BAND DISCRETIONARY TRUSTS WITH DEBT/CHARGE PROVISIONS
    A2A Explanatory note
    A2B Additional clauses for a will containing a nil rate band discretionary trust which is to include debt/ charge provisions
    A2C Debt scheme: draft letter from the executors to the trustees of the legacy fund (when a charge is being imposed by the executors)
    A2D Debt scheme: securing the debt
    A3 TEMPORARY CHANGES TO WILLS ACT 1837, SECTION 9 TO ALLOW REMOTE WITNESSING
    A3.1 The position in April 2020 at the beginning of the COVID-19 lockdown
    A3.2 The amending legislation
    A3.3 The procedure for remote witnessing
    A3.4 Possible attestation clause where both witnesses are witnessing remotely
    A3.5 Problems

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