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Vol 22 No 7 July/August 2017

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Manual of Housing Law

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Hawkins and Ryder on The Construction of Wills

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ISBN13: 004635
ISBN: 004635
Previous Edition ISBN: 004638
Published: January 0002
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

Out of Print

This book deals in detail with all the important parts of the law governing the construction of wills; an area of the law which constantly raises problems for the Solicitor, and for the practising Barrister.

It is based on Hawkins' famous Concise Treatise on the Construction of Wills but the text has been completely re-written and the book is in effect a new work: a fact recognised in the title.

The 1925 property legislation rendered obsolete a number of topics dealt with in previous editions of Hawkins, and these, of course, have been omitted. New problems of construction have arisen as a result of the 1925 legislation, and other more recent statutes, and these are discussed in detail.

Examples include the construction of informal expressions which, if contained in pre-1926 devises, would have created estates tail, and which when contained in a modern will are affected by the Law of Property Act, 1925 : problems in connection with the incidence of the burden of debts and legacies having regard to the provisions of the Administration of Estates Act, 1925; and the construction of ' children ' and other terms of relationship in the light of the Legitimacy Acts, 1926 and 1959, and the series of Adoption Acts ending with the Act of 1958.

New case law since the last edition has of course been incorporated, as well as older relevant cases not included by Hawkins or previous editors. The object in the treatment of cases has been to achieve a useful re-statement of the con¬temporary law, with emphasis on the more recent decisions.

This work represents a definitive modern statement of the law and is essential to members of the legal profession who are concerned with the construction of wills and also to students preparing for university and professional examinations who demand more information on the questicr; of construction than can be obtained from textbooks dealing with the law of succession as a whole.

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Wills and Probate