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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Theobald on Wills 18th ed isbn 9780414050952

Theobald on Wills 17th ed


ISBN13: 9780414042940
New Edition ISBN: 9780414050952
Previous Edition ISBN: 0421741708
Published: December 2010
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Wildy's Book of the Month: January 2011

The new 17th ed of Theobald on Wills contains an unrivalled blend of academic comment and practical advice on the most recent case law, legislation both domestic and European, and authorities affecting all aspects of the law of Wills. Many recent developments are discussed in detail, including the following:-
  • The effect of the Mental Capacity Act 2005 and recent caselaw on testamentary capacity
  • Review of recent cases concerning want of knowledge and approval
  • Recent European and domestic caselaw concerning choice of and conflicts of law
  • Updated advice on and discussion of family provision
  • Caselaw on the admission of extrinsic evidence as to construction
  • Problems arising from and solutions to professional negligence in drafting and executing Wills
  • The impact of the Perpetuities and Accumulations Act 2009
  • An overview and full discussion of recent developments in the law relating to constructive trusts and proprietary estoppel
  • The impact of the Charities Act 2006 on charitable dispositions in Wills, and recent cases
  • A fully updated section on the construction of Wills, including analysis of the Privy Council opinion in Sammut v Manzi regarding the effect of punctuation and sub-paragraphs on interpretation, and discussion of the possible effect of The Human Rights Act.
The authors have included cross-references where appropriate to the publisher's looseleaf service Practical Will Precedents to Drafting Trusts and Will Trusts by James Kessler, and to Brighouse's Precedents of Wills. The text is therefore both academically rigorous and practically illuminating.

Subjects:
Wills and Probate
Contents:
SECTION A: INTRODUCTION
Wills and other Testamentary instruments
Wills and conflict of Laws

SECTION B: MAKING A WILL
Formal Validity
Substantial Validity
Incorporation of Documents;
Alterations
Revocation
Revival and Republication
What property may be disposed of by Will?
The Equitable doctrine of Election
Who may be Devisees of Legatees?
Provision for the Deceased's Family and Dependants

SECTION C: UNDERSTANDING A WILL
Admissibility of Evidence as an aid to Construction
General Principles of Construction
Alteration and Revocation of Gifts
Types of Legacy
Gifts over
Testamentary Options
Gifts and Annuities
Gifts for Charitable Purposes
Residuary Gifts and Partial Intestacy
Description of Things;
Description of Beneficiaries: General
Description of Beneficiaries: Relationships
Description of Beneficiaries: Children
Description of Beneficiaries: Class Gifts
Descriptions of Interests
Conditions
Vesting
Perpetuity and Accumulation
Execution of Powers ;
SECTION D: GIVING EFFECT TO WILLS
Probate and its Effect;
Administration
Administrative powers of Trustees
Double Portions
Income or Interest Carried by Gifts

SECTION E: PROFESSIONAL NEGLIGENCE
Professional Negligence.