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Wills: A Practical Guide 2nd ed

Wills: A Practical Guide 2nd ed

  • 作者:
  • 出版商: Wildy, Simmonds and Hill Publishing
  • ISBN: 9780854902743
  • Previous Edition ISBN: 9780854900909
  • 出版时间 September 2019
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
AU$111.15
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  • 描述 
  • 大纲 
  • 详细

    ' …an easy to use introduction for someone new to will writing or a useful reminder for the more experienced practitioner.' From a review in Law Society Gazette.

    This new edition of Wills: A Practical Guide explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation.

    Information is provided on the formalities for making a will, the rules on testamentary capacity and related issues, which may affect the validity of the will. There are sections on less common aspects of will-making which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas.

    These matters are dealt with in the context of the new rules on interpretation of wills resulting from the Supreme Court’s decision in Marley v Rawlings.

    The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. There is also a chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them.

    Problems can arise if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The book also features a selection of useful precedents and checklists.

  • 1.
    WILLS AND OTHER DEATH DISPOSITIONS
    1.1 Why make a will?
    1.2 What wills can give away
    1.3 What wills cannot give away
    1.4 Intestacy

    2.
    RESTRICTIONS ON TESTAMENTARY FREEDOM
    2.1 Introduction
    2.2 Inheritance (Provision for Family and Dependants) Act 1975
    2.3 Mutual wills
    2.4 Contract to leave property by will
    2.5 Proprietary estoppel

    3.
    TESTAMENTARY CAPACITY AND INTENTION
    3.1 Introduction
    3.2 Testator’s age and physical capacity
    3.3 Testator’s mental capacity
    3.4 Testator’s intention
    3.5 Practical issues for the practitioner preparing the will

    4.
    REQUIREMENTS FOR VALID EXECUTION
    4.1 Introduction
    4.2 A simple recipe for getting it right
    4.3 Formalities in section 9 of the Wills Act 1837
    4.4 Practicalities of execution
    4.5 Codicils
    4.6 Wills made outside England and Wales and
    section in 1 of the Wills Act 1963
    4.7 Wills not subject to section 9 of the Wills Act
    1837;

    5.
    REVOCATION OF WILLS
    5.1 Freedom to revoke wills
    5.2 Methods of revocation
    5.3 Revocation by a later will or codicil
    5.4 Revocation by destruction
    5.5 Revocation by subsequent marriage or formation of a civil partnership
    5.6 Effect of divorce and dissolution
    5.7 Conditional revocation
    5.8 Revocation and privileged wills

    6.
    ALTERATION TO WILLS AND USE OF CODICILS
    6.1 Alterations made before execution
    6.2 Alterations made after execution
    6.3 Use of codicils

    7.
    CONSTRUCTION AND INTERPRETATION OF WILLS
    7.1 Introduction
    7.2 General principles of construction
    7.3 Applying basic rules of construction
    7.4 Using extrinsic evidence as an aid to construction
    7.5 From which date does a will speak?
    7.6 Omitting, changing and supplying words
    7.7 Class gifts and the class closing rules
    7.8 Defining children and other relatives

    8.
    WHY GIFTS IN WILLS MIGHT FAIL
    8.1 Reasons for failure
    8.2 Disclaimer
    8.3 Ademption
    8.4 Lapse
    8.5 Forfeiture
    8.6 Beneficiary witnesses will
    8.7 Uncertainty
    8.8 Contrary to public policy
    8.9 Gift induced by force, fear or undue influence
    8.10 Doctrine of satisfaction
    8.11 Abatement

    9.
    WILLS DEALING WITH PROPERTY ABROAD
    9.1 Problems caused by owning foreign property
    9.2 Forced heirship
    9.3 Community of property
    9.4 The EU Succession Regulation
    9.5 How many wills?
    9.6 Helping clients to deal with local lawyers

    10.
    LOCATING AND STORING WILLS
    10.1 Storing wills
    10.2 Locating lost wills
    10.3 Obtaining probate in absence of the original will

    11.
    APPOINTMENT OF EXECUTORS AND TRUSTEES
    11.1 Why appoint executors?
    11.2 Executors distinguished from administrators
    11.3 Drafting the executor’s appointment
    11.4 Who can be appointed?
    11.5 Remuneration of executors
    11.6 How many executors?
    11.7 Executors as trustees
    11.8 Limited and special appointments
    11.9 Conditional, substitute and alternative appointments
    11.10 Failure of appointment – divorce/annulment, renunciation and uncertainty
    11.11 Protecting executors and trustees
    11.12 Some other issues relating to executors

    12.
    APPOINTMENT OF TESTAMENTARY GUARDIANS
    12.1 Introduction
    12.2 Who can appoint a testamentary guardian?
    12.3 Requirements for a valid appointment
    12.4 When does an appointment take effect?
    12.5 Consequences for the guardian
    12.6 Funding for guardians and trust funds

    13.
    LEGACIES
    13.1 A word on terminology
    13.2 Types of non-residuary legacy
    13.3 Methods of making gifts
    13.4 Particular recipients
    13.5 Subject matter of legacies
    13.6 Relieving provisions and other qualifications attached to gifts

    14.
    DEALING WITH THE HOME AND LAND
    14.1 Initial considerations before advising the testator
    14.2 Points relevant to all testamentary gifts of land
    14.3 Choices for the testator

    15.
    RESIDUARY GIFTS INCLUDING RESIDUARY TRUSTS
    15.1 Need for an effective gift of residue
    15.2 Value of residue uncertain
    15.3 Calls on residue
    15.4 Is a trust of residue always necessary?
    15.5 Residuary provision

    16.
    IMPORTANCE OF INHERITANCE TAX
    16.1 Importance of inheritance tax
    16.2 Death estate
    16.3 Exemptions and reliefs
    16.4 The rate of tax
    16.5 Transferable nil rate band
    16.6 Residence nil rate band

    17.
    PLANNING A TAX-EFFICIENT WILL
    17.1 Introduction
    17.2 Using trusts
    17.3 Making best use of the residence nil rate band

    18.
    POWERS TO DEAL WITH INCOME AND CAPITAL
    18.1 Power to apply income – section 31 of the Trustee Act 1925
    18.2 Power to advance capital – section 32 of the Trustee Act 1925

    19.
    ADMINISTRATIVE POWERS FOR PERSONAL REPRESENTATIVES AND TRUSTEES
    19.1 Introduction
    19.2 STEP standard provisions
    19.3 Legacies to minors
    19.4 Power to invest
    19.5 Power to acquire land
    19.6 Power to act though personally interested and to buy trust property (‘self-dealing’)
    19.7 Appropriation of assets
    19.8 Power to charge
    19.9 Retention of directors’ remuneration
    19.10 Power to employ agents
    19.11 Appointment of new trustees
    19.12 Power to act on counsel’s opinion
    19.13 Indemnity clauses
    19.14 Insurance
    19.15 Power to carry on a business
    19.16 Power to borrow
    19.17 Exclusion of the apportionment rules
    19.18 Trusts of Land and Appointment of Trustees Act 1996

    20.
    FUNERAL AND OTHER REQUESTS
    20.1 Funeral arrangements
    20.2 Donation of the body and body parts

    21.
    PRACTICAL ISSUES WHEN TAKING INSTRUCTIONS AND AT EXECUTION
    21.1 Preliminary matters
    21.2 Terms of the will
    21.3 Executing wills

    22.
    TIPS ON AVOIDING DRAFITING PITFALLS
    22.1 Failing to make provision for an event
    22.2 Internal inconsistencies
    22.3 Ignorance of a legal rule

    APPENDICES
    1.
    A Family Will
    2.
    Intestacy Rules
    3.
    Planning a Tax-efficient Will – Case Studies

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