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Theobald on Wills 20th ed (Book & eBook Pack)


ISBN13: 9780414127258
Published: November 2025
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Price: £513.50
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Also available as

Theobald on Wills provides comprehensive coverage of the law and practice relating to wills, with an unrivalled blend of academic analysis and practical advice. It offers in-depth analysis of all aspects of the subject, from the fundamentals of making a will, to interpretation and construction, to giving effect to wills. This 150th anniversary edition is fully updated and includes detailed coverage of the Law Commission’s proposals for reform.

Key Features:

  • Explains the essential elements of making a will, including formal and substantial validity, incorporation of documents and secret trusts, and revocation, revival, and republication
  • Considers the types of property that may be disposed of by will and the equitable doctrine of election, as well as who may be a devisee or legatee
  • Discusses the construction of wills, rectification, and types of legacy, including gifts of annuities and gifts for charitable purposes
  • Looks in detail at the description of beneficiaries under the will, including the meaning of various terms of relationship, gifts to children, and class gifts, as well as the types of interests that may be conferred
  • Includes chapters on wills and the conflict of laws, probate and administration, and professional negligence

New coverage in this edition includes a detailed explanation and critique of the Law Commission's extensive proposals for reform of the law of wills; recent case law, including the latest High Court and Court of Appeal decisions on capacity, undue influence, revocation of wills, and formalities; and more detailed, practical coverage of the procedure in interpretation and rectification claims.

Subjects:
Wills and Probate, eBooks
Contents:
Foreward
Preface
Table of Contents
Table of Cases
Table of Statutes
Table of Statutory Instruments
Section A: Introduction
1. Wills and Other Testamentary Instruments
2. Wills and Conflicts of Laws
Section B: Making a Will
3. The Formal Validity of Wills
4. The Substantial Validity of Wills
5. Incorporation of Documents and Secret Trusts
6. Alterations
7. Revocation, Revival and Republication
8. What Property May be Disposed of by Will?
9. The Equitable Doctrine of Election
10. Who May be Devisees or Legatees?
Section C: Procedure for Contentious Probate Claims
11. Contentious probate procedure
12. Provision for the Deceased’s Family and Dependants
Section D: Understanding a Will
13. Admissibility of Evidence as an Aid to Construction
14. General Principles of Construction
15. Rectification of Wills
16. Procedure in Interpretation and Rectification Claims
17. Types of Legacy
18. Gifts over
19. Testamentary Options
20. Gifts of Annuities
21. Gifts for Charitable Purposes
22. Residuary Gifts and Partial Intestacy
23. Description of Things
24. Description of Beneficiaries: General
25. Description of Beneficiaries: Relationships
26. Description of Beneficiaries: Children
27. Description of Beneficiaries: Class Gifts
28. Descriptions of Interests
29. Conditions
30. Vesting
31. Perpetuity and Accumulation
32. Execution of Powers
Section E: Giving Effect to Wills
33. Probate and its Effect
34. Administration
35. Administrative Powers of Trustees
36. Satisfaction; The Presumption Against Double Portions (and Other Double Provision)
37. Ademption
38. Income or Interest Carried by Gifts
39. Rights Between Tenant for Life and Remainderman
Section F: Professional Negligence
40. Professional Negligence
Index