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Vol 21 No 10 Oct/Nov 2016

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Hawkins on the Construction of Wills 5th ed

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ISBN13: 9780421609006
ISBN: 0421609001
Published: December 2000
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



When problems arise in the interpretation of wills, there is one work you can rely on for authoritative explanation and practical guidance: the new edition of Hawkins on the Construction of Wills.

It provides you with detailed analysis of the rules of construction, with expert coverage of relevant statutory provisions and case law and explains the procedures for rectification. Individual chapters look in turn at different types of gifts and different categories of beneficiaries, identifying where problems of interpretation or mistakes can occur, the remedies which are available and how they can be obtained.

This new edition takes into account the fundamental changes introduced by the enactment of sections 20 and 21 of the Administrations of Justice Act 1982.

The coverage therefore reflects the provision for rectification where there has been a clerical error or a failure to understand the testator's instructions, and the enactment of a new general rule for the interpretation of wills designed to ascertain the draftsman's intention rather than the ""correct"" meaning of the words.

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Subjects:
Wills and Probate
Contents:
Property and Conveyancing Library
Rectification of wills.
The general principles of construction.
The general principles applicable to the construction of wills of testators who die on or after January 1 1983.
Gifts to charity in home-made wills:
unintended life interests in home-made wills.
The date from which a will speaks.
Legacies.
Gifts of land.
Words descriptive of property.
Residuary gifts:
income of future and contingent gifts.
Mistakes in enumeration of legatees.
The execution of powers by devises and bequests.
Definitions of "children" and other terms of relationship.
Gifts to persons who take concurrently:
joint tenancy and tenancy in common.
The class-closing rules:
the rule in Andrews v Partington.
Descriptions relative to succession to personalty.
Gifts without words of limitation.
Dispositions referring to "heirs", "heirs male", etc.
Intention to create a trust.
Estates tail and entailed interests and gifts "to X and his issue", "to X and his descendants", "to X and his children".
Vesting.
Substitution and survivorship.
Gifts on death without issue.
The burden of debts and legacies.
Gifts to children or remoter descendants who predecease the testator.
The effects of marriage and divorce on wills.
Provisions relating to payment of tax.
Satisfaction.