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Landmark Cases in Succession Law

Landmark Cases in Succession Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509919000
  • 出版时间 October 2019
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509952106
¥1,880.00
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the ‘Landmark’ cases in any given field.

    Succession law’s long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging in decision date from 1720 to 2017, and covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond.

    The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state.

    The collection will provoke much discussion on what makes a ‘Landmark’ case, as well as on the peculiarities and limitations of the case law method.

  • 1. Introduction
    Brian Sloan
    2. All Souls College v Codrington (1720): Money, Books and the Interpretation of Wills – A Testamentary Drama in Three Acts
    Birke Häcker
    3. Jesson v Wright (1820): Wills, Coal and the Rule in Shelley's Case
    N G Jones
    4. Banks v Goodfellow (1870): Defining Testamentary Capacity
    Juliet Brook
    5. Re D(J) (1981): Statutory Wills
    Barbara Rich
    6. Hastilow v Stobie (1865): Lack of Knowledge and Approval
    Roger Kerridge
    7. White v Jones (1995): A Legacy of the Search for Principle
    Judith Skillen and James Lee
    8. Williams v Hensman (1861) and the Law of Severance: Janus Personified
    Martin Dixon
    9. Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine
    Ying Khai Liew
    10. Sugden v Lord St Leonards (1876): Probate of the Missing Will – Hamlet Without the Prince?
    Simon Cooper
    11. Thorner v Major (2009): Proprietary Estoppel and Inheritance
    John Mee
    12. Re Welch (1990): Enforcing Testamentary Promises
    Nicola Peart
    13. Strong v Bird (1874): Reassessing the Rule
    Elizabeth Drummond
    14. Williams v Williams (1882): Succession Law Rules and the Fate of the Dead
    Heather Conway
    15. Commissioner of Stamp Duties (Queensland) v Livingston (1964): Rights of Estate Beneficiaries and Trust Beneficiaries Compared
    Charles Mitchell
    16. Gartside v IRC (1967): 'This decision involved a small point'
    Dominic de Cogan
    17. Ilott v The Blue Cross (2017): Testing the Limits of Testamentary Freedom
    Brian Sloan
    18. S and S (2005): Compulsory Portion and Solidarity between Generations in Civil Law
    Walter Pintens
    19. Lashley v Hog (1804): Forced Heirship, and Succession across Borders
    Daniel J Carr
    20. Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia?
    Prue Vines

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