Law: wills, probate, succession, inheritance Books

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Book SynopsisBrimful with invaluable information and money-saving suggestions, this book will not only serve as a guidebook and working document, it will also help you make vital, informed decisions about, not least, your funeral, finances and even your pet. It will offer you peace of mind and make a difficult subject easier for your family and executors. Read, digest and complete Last Orders, and you will effectively be lending a helping hand at a time when your family needs you most. And, have no doubt, when the sad time comes, your family and executors will thank you endlessly for having taken the time to assist them. Written and published in the UK, the ground-breaking Last Orders has been used by thousands of families across the UK and recommended to clients by the country's top tier law firms, Will-writers and financial advisors. It could save you, your family and executors money, time and an incalculable amount of stress and take most, if not all, of the guesswork out of administering your estate.

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Book SynopsisPlanning how to pass your estate on doesn't have to mean complications, legal jargon and huge bills. Wills, Probate and Inheritance Tax For Dummies, 2nd Edition takes you through the process step-by-step and gives you all the information you need to ensure that your affairs are left in good order.Table of ContentsIntroduction 1 Part I: Planning Your Will 7 Chapter 1: Preparing for the Inevitable 9 Chapter 2: Recognising the Benefits of Making a Will 19 Chapter 3: Totting Up the Value of Your Estate 35 Chapter 4: Deciding Who Gets What 51 Chapter 5: Leaving Your Home in Your Will 63 Part II: Writing Your Will 75 Chapter 6: Choosing the Right People to Follow Your Wishes 77 Chapter 7: Getting It in Writing: Drawing Up Your Will 93 Chapter 8: Fine-Tuning Your Will 103 Chapter 9: Ringing the Changes: When and How to Change a Will 119 Chapter 10: Making Clear Your Funeral Wishes 135 Part III: Managing Probate 143 Chapter 11: What To Do When Someone Dies 145 Chapter 12: Pro-what? The Basics of the Probate Process 153 Chapter 13: Dealing with the Estate: First Steps 163 Chapter 14: Distributing the Estate 175 Part IV: Taxing Times: Inheritance Planning 197 Chapter 15: Introducing Inheritance Tax 199 Chapter 16: Simple Steps to Reduce Inheritance Tax 207 Chapter 17: Rolling Out the Big Guns: Understanding Trusts 223 Chapter 18: Using Trusts to Help Your Family 241 Chapter 19: Taking Care of Business: Inheritance Tax and Your Firm 251 Part V: The Part of Tens 261 Chapter 20: Ten Items to Keep with Your Will 263 Chapter 21: Ten Problem Wills to Avoid 269 Chapter 22: Ten Tips for Getting Your Estate into Tax-Saving Shape 275 Appendix 283 Index 287

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Book SynopsisThe Probate Practitioner's Handbook is a well-established and popular guide to good practice for solicitors' firms that undertake probate and estate administration work. This new ninth edition has been comprehensively updated so you can advise your client with confidence.

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Book SynopsisThe leading textbook on the law of succession for over 70 years, Parry & Kerridge on the Law of Succession provides the detail required for a full understanding of the subject. This work covers not only wills and intestacy, but also probate and administration of estates, and has been thoroughly updated for the 13th edition to incorporate all key case and legislative developments.Table of ContentsChapter 1 INTRODUCTION; Chapter 2 INTESTACY; Chapter 3 THE NATURE OF WILLS; Chapter 4 FORMALITIES; Chapter 5 THE MAKING OF WILLS CAPACITY#THE MIND OF THE TESTATOR; Chapter 6 PROMISES TO LEAVE PROPERTY BY WILL; SECRET TRUSTS; MUTUAL WILLS; DONATIONES MORTIS CAUSA; THE RULE IN STRONG v. BIRD; Chapter 7 REVOCATION, ALTERATION, REVIVAL AND CONFIRMATION OF WILLS; Chapter 8 PROVISION FOR THE DECEASED#SFAMILY AND DEPENDANTS; Chapter 9 THE CONTENTS OF A WILL; Chapter 10 THE RECTIFICATION AND CONSTRUCTION OF WILLS; Chapter 11 THE CONSTRUCTION OF WILLS: SPECIFIC RULES OF CONSTRUCTION: THE CONSTRUCTIONOF POWERS; Chapter 12 THE DATE FROM WHICH A WILL SPEAKS; Chapter 13 SATISFACTION; Chapter 14 FAILURE OF GIFT BY WILL OR OF INTEREST ON INTESTACY; Chapter 15 DUTY OF CARE; Chapter 16 TAX; Chapter 17 EXECUTORS AND ADMINISTRATORS; Chapter 18 GRANTS OF PROBATE AND LETTERS OF ADMINISTRATION; Chapter 19 THE MAKING AND REVOCATION OF GRANTS; Chapter 20 COLLECTION, REALISATION AND MANAGEMENT OF THE ESTATE; Chapter 21 PAYMENT OF EXPENSES AND DEBTS, AND INCIDENCE OF GENERAL LEGACIES; Chapter 22 INCOME AND INTEREST; Chapter 23 DISTRIBUTION OF THE ESTATE; Chapter 24 REMEDIES

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Book SynopsisEnsure peace of mind for you and your loved ones with the After I'm Gone Organizer!The After I'm Gone Organizer is your essential companion for ensuring your loved ones are well-prepared for the unexpected. This comprehensive planner empowers you to record vital personal, medical, contact, financial, insurance, security, and account information, all in one secure place. With ample space to express your final wishes and expert tips from a licensed attorney well-versed in real estate contracts and local municipal laws, this easy-to-use guide is designed to help you gather and organize your important information and documents.END OF LIFE PLANNER INCLUDES SPACE TO WRITE DOWN KEY INFORMATION:PersonalContactsMedicalWhat to Do When You Pass Away and Funeral PlanningDependentsFinancesPersonal PropertyBusinessInsuranceBeneficiariesDevices & AccountsPetsImportant Documents and RegistrationsLast WishesDon't leave your loved ones guessing—leave behind a legacy of preparedness and clarity with the After I'm Gone Organizer.

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Book SynopsisAn authoritative, accessible guide to administering an estateThe majority of applications for probate that follow someone's death can be dealt with inexpensively by any reasonably intelligent person with time available and a little guidance. This easy-to-follow book clearly explains all the information you need to administer the deceased's estate, from dealing with the urgent practical matters to preparing and submitting the relevant forms, paying inheritance tax, and distributing the estate. You'll find specimen forms and letters and a list of useful addresses that will enable you to deal with it all yourself. Contents: Preface; 1. What is probate, when is it necessary and what is involved? 2. Who can and should wind up the estate; 3. Getting started; 4. Next steps; 5. From preparing and submitting the forms to distributing the estate; 6. Distributing the estate; Appendices: 1. Specimen forms and letters; 2. Useful addresses; 3. Glossary; Index.Trade Review'An easy to follow book aimed at the layperson and tells you all you need to know.' Active Life 'A simple and practical guide to an extremely complex and emotive subject.' Heffers bookshop websiteTable of ContentsPreface; 1. What is probate, when is it necessary and what is involved? 2. Who can and should wind up the estate; 3. Getting started; 4. Next steps; 5. From preparing and submitting the forms to distributing the estate; 6. Distributing the estate; Appendices: 1. Specimen forms and letter; 2. Useful addresses; 3. Glossary; Index.

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Book SynopsisThe fourth edition of A Practitionerâs Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates.Trade Review"...well-written and authoritative... The authors have clearly accumulated vast personal experience... It is difficult to imagine a probate issue that could not be referred to in this comprehensive guide." From the review in STEP Journal.Table of ContentsPreface Table of Cases Table of Statutes Table of Statutory Instruments Table of Conventions 1 Making a Start 2 Assets and Liabilities: Initial Enquiries 3 Inheritance Tax Reliefs and Allowances 4 Inheritance Tax Accounts 5 Questions Concerning Wills and Codicils 6 Intestacy 7 Caveats 8 Citations 9 Renunciations 10 Discretionary Orders 11 Trust Corporations 12 Applications for Grants 13 Scottish, Northern Irish and Colonial Grants 14 Applications on Summons 15 Collecting in the Assets 16 Powers and Duties of the Personal Representatives 17 Paying the Debts of the Estate 18 Paying the Legacies 19 Distribution of the Residue 20 Finalising Liability to Inheritance Tax 21 Taxation During the Administration 22 Completing the Administration 23 Claims By and Against the Estate 24 Liabilities of the Personal Representatives 25 Variations, Disclaimers and Other Opportunities 26 Notation, Amendment and Revocation of Grants 27 Searches and Copies Appendices A Checklist of Information and Documents B Useful Addresses C Specimen Forms Affidavits C1 Affidavit of condition of will or of alterations to will C2 Affidavit of Search for Will C3 Affidavit of handwriting C4 Affidavit of due execution C5 Affidavit of executor’s identity C6 Affidavit of alias C7 Affidavit in support of application for leave to swear death

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Book SynopsisRevised and fully updated, the fifth edition of A Practitionerâs Guide to Wills provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions.Table of ContentsPreface Table of Precedents Table of Cases Table of Statutes Table of Statutory Instruments Table of Conventions 1 INTRODUCTION 2 THE NATURE OF A WILL 2.1 Definition 2.2 A will distinguished from other concepts 2.3 Contracts to make a will 2.4 Joint and mutual wills 2.5 Property which can validly be disposed of by will 3 TESTAMENTARY CAPACITY 3.1 Changes in capacity 3.2 Minors 3.3 Persons who lack capacity 3.4 Intention 3.5 Knowledge and approval 3.6 Mistake 3.7 Force, fear, fraud or undue influence 4 FORMAL REQUIREMENTS FOR THE CREATION OF A WILL 4.1 General 4.2 Writing 4.3 Signature 4.4 Attestation 4.5 Capacity of witnesses 4.6 Privileged wills 4.7 Incorporation of unattested documents 5 BENEFICIARIES 5.1 General 5.2 Gift to a beneficiary who predeceases the testator 5.3 Unlawful killing 5.4 Gifts for the upkeep and maintenance of graves 5.5 Gifts for animals 5.6 Gifts to societies and clubs 5.7 Gifts to charities 6 BENEFICIARIES IDENTIFIED BY DESCRIPTION OR RELATIONSHIP 6.1 Introduction 6.2 Relationship by blood and affinity 6.3 Gender-specific drafting 6.4 Illegitimacy and adoption 6.5 Children 6.6 Descendants 6.7 Step-children 6.8 Issue 6.9 Survivors 6.10 Spouses and civil partners 6.11 Next of kin 6.12 Heir 6.13 Holders of an office 6.14 Precatory words 6.15 Secret trusts 7 REVOCATION AND ALTERATION 7.1 Revocation 7.2 Divorce and revocation 7.3 Revocation by a privileged testator 7.4 Conditional revocation 7.5 Alteration 8 CODICILS, REVIVAL AND REPUBLICATION 8.1 Codicils 8.2 Revival 8.3 Republication or confirmation 9 EXECUTORS AND TRUSTEES 9.1 Appointment of executors 9.2 Who can be an executor? 9.3 Renunciation 9.4 Appointment of trustees 9.5 Guardians 10 THE DISPOSAL OF THE BODY 10.1 Directions as to disposal 10.2 Anatomical research and organ transplantation 11 FOREIGN PROPERTY OR DOMICILE 11.1 General 11.2 The concept of domicile 11.3 Movables 11.4 Immovables 11.5 Powers of appointment exercised by will 11.6 EU Regulation 650/2012 12 LEGACIES 12.1 Specific Legacies 12.2 General Legacies 12.3 Demonstrative legacies 12.4 Gifts to a debtor 12.5 Gifts to an executor 12.6 Gifts to employees 12.7 Gifts of undivided shares of personalty 13 GIFTS OF BUSINESSES 13.1 Business property relief 13.2 Succession planning 14 GIFTS OF LAND 14.1 General 14.2 Gifts to minors 14.3 Directions as to inheritance tax 14.4 Impact of the residence nil rate band 14.5 Gifts of undivided shares and clauses dealing with joint property 14.6 Right to occupy a personal residence 14.7 Gifts of testamentary options 14.8 Gifts of leaseholds 15 CONDITIONS ATTACHED TO GIFTS 15.1 Conditions precedent and subsequent 15.2 General 15.3 Effect of invalidity 15.4 Determinable Interests 16 PILOT TRUSTS 16.1 Background 16.2 Traditional pilot trust planning before the 2015 changes 16.3 The new rules introduced by the Finance (No 2) Act 2015 16.4 Additional points on the new rules 16.5 Is there any place for future pilot trusts planning? 16.6 Non-related settlements 17 GIFTS OF RESIDUE 17.1 General 17.2 The necessity for a trust 17.3 Trust for sale or power to sell 17.4 Different persons as executors and trustees 17.5 Trusts of fractional shares of residue 17.6 Providing for spouses and civil partners 17.7 Burden of inheritance tax 17.8 Survivorship clauses 17.9 Substitutional gifts 18 POWERS AND DISCRETIONARY TRUSTS 18.1 Nature and classification of powers 18.2 Wills Act 1837, section 27 18.3 Perpetuities and Accumulations Act 2009 18.4 Delegation of powers 18.5 Consent to exercise power 18.6 Release of powers 18.7 Fraudulent appointments 18.8 Discretionary trusts 18.9 Nil rate band discretionary trusts 18.10 Trusts for the disabled 18.11 Protective trusts 19 INCOME AND INTEREST 19.1 Immediate specific gifts and devises 19.2 Contingent or deferred specific gifts 19.3 General and demonstrative gifts 19.4 Residuary gifts 20 ABATEMENT, ADEMPTION, ELECTION, SATISFACTION AND CONVERSION 20.1 Abatement 20.2 Refunds 20.3 Ademption 20.4 Options to purchase and ademption 20.5 Republication and ademption 20.6 Election 20.7 Satisfaction 20.8 Conversion 21 TESTAMENTARY OPTIONS TO PURCHASE 21.1 Introduction 21.2 Terms 22 ADMINISTRATIVE PROVISIONS 22.1 Introduction 22.2 Appropriation of assets 22.3 Power to act though personally interested and to purchase trust property (‘self-dealing’) 22.4 Retention of directors’ remuneration 22.5 Power to act by majority 22.6 Power to employ agents 22.7 Appointment of new trustees 22.8 Power to act on counsel’s opinion 22.9 Indemnity clauses 22.10 Charging clauses 22.11 Power to invest 22.12 ‘Anti-Bartlett’ clauses 22.13 Power to acquire land 22.14 Powers to manage land 22.15 Insurance 22.16 Debts 22.17 Power to carry on a business 22.18 Power to borrow 22.19 Powers in relation to particular beneficiaries 22.20 Power to advance capital 23 PERPETUITIES AND ACCUMULATION 23.1 The general perpetuity rule 23.2 The rule against vesting outside the perpetuity period 23.3 The rule against perpetual trusts 23.4 The rule against accumulations 24 CONSTRUCTION 24.1 General principles 24.2 The modern approach to construction 24.3 Presumptions 24.4 Admissibility of extrinsic evidence 24.5 Rectification 24.6 Date from which a will ‘speaks’ 24.7 The falsa demonstratio doctrine 24.8 Construing the same words in different parts of the same will 24.9 Meaning of particular words of description 24.10 Per capita and per stirpes distribution 24.11 Children born as a result of fertilisation techniques 24.12 Surrogacy arrangements 24.13 Class gifts 24.14 Absolute interests made subject to restrictions 24.15 Gifts to legatees and their children 24.16 Gifts to legatees and their issue 24.17 Gifts to benefit legatees 24.18 Gifts over 24.19 Contingencies relating to gifts over on death 24.20 Divesting 24.21 Failure of issue 25 FAILURE OF GIFTS AND INTESTACY 25.1 Uncertainty 25.2 Disclaimer 25.3 Forfeiture on contesting a will 25.4 The effect of failure 25.5 Acceleration of a subsequent interest 25.6 Intestacy 25.7 Accruer clauses 26 FAMILY PROVISION 26.1 Introduction 26.2 Time limit for applications 26.3 Those who can apply 26.4 Reasonable financial provision 26.5 The guidelines 26.6 Property available for financial provision 26.7 Orders which the court may make 26.8 Interim payments 26.9 Anti-avoidance 26.10 Tax implications 26.11 Minimising the chances of a successful claim 27 INHERITANCE TAX 27.1 The charge to tax 27.2 Transfers of value 27.3 Value transferred 27.4 Transfers which are not transfers of value 27.5 Chargeable transfers 27.6 Excluded property 27.7 Exemptions and reliefs 27.8 The transferable nil rate band 27.9 The residence nil rate band 27.10 Reservation of benefit 27.11 The reduced rate for charitable giving 27.12 General tax planning 27.13 Post-death variations 28 CAPITAL GAINS TAX 28.1 Introduction 28.2 Rates of tax 28.3 Disposal of assets 28.4 Effect of death 28.5 Exemptions and reliefs 28.6 Accelerated payment of tax 28.7 Rearranging succession provisions after death 28.8 Basic tax planning 29 SETTLEMENTS 29.1 Liability to inheritance tax 29.2 Liability to capital gains tax 29.3 Inheritance Tax Act 1984, section 144: appointments from trusts within 2 years of death 29.4 The need to register settlements 30 TAX-EFFICIENT WILL PLANNING 30.1 Introduction 30.2 Estate planning options 30.3 Problems with using the residence nil rate band APPENDICES A1 COMPLETE WILLS AND MISCELLANEOUS PRECEDENTS A1A Standard will: full form (long) A1B Mutual wills A1C Will disposing of a business A1D Will of widow(er) exercising power of appointment given by will of pre-deceased spouse or civil partner A1E Will giving nil rate band legacy to discretionary trust A1F Simple will giving all property to another of full age absolutely A1G Codicil made on separation from spouse or civil partner prior to divorce or annulment A1H Will providing for discretionary trust of income during perpetuity period with division of capital at the end of period between surviving beneficiaries A1I Letter of wishes to trustees A1J Deed of variation to sever beneficial joint tenancy and create nil rate band legacy A1K Deed of variation of a will A2 NIL RATE BAND DISCRETIONARY TRUSTS WITH DEBT/CHARGE PROVISIONS A2A Explanatory note A2B Additional clauses for a will containing a nil rate band discretionary trust which is to include debt/ charge provisions A2C Debt scheme: draft letter from the executors to the trustees of the legacy fund (when a charge is being imposed by the executors) A2D Debt scheme: securing the debt A3 TEMPORARY CHANGES TO WILLS ACT 1837, SECTION 9 TO ALLOW REMOTE WITNESSING A3.1 The position in April 2020 at the beginning of the COVID-19 lockdown A3.2 The amending legislation A3.3 The procedure for remote witnessing A3.4 Possible attestation clause where both witnesses are witnessing remotely A3.5 Problems Index

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Book SynopsisWilliams, Mortimer and Sunnucks is a leading authority on the law relating to personal representatives, grants of representation and the administration of estates after death. This new edition has been fully updated to take account of all recent changes in legislation and case law. Explains the various forms of probate, including grants where the deceased was domiciled abroad, and limited grants, special grants and discretionary grants Provides full coverage of contentious probate procedure and practice Covers the devolution of assets and claims on personal representatives Deals with the administration of estates, including insolvent estates, with a detailed examination of assets, taxation, and payment of debts, and the powers and liabilities of the personal representative Includes full coverage of the rules on family provision Looks at administration and other actions, including claims by and against the estate Discusses the distribution of assets, including on intestacy Key new conte

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Book SynopsisThis new edition is a comprehensive, accessible, and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975. It provides up-to-date guidance on the law, practice, and procedure on the ever-increasing applications for financial provisions under the Act.Table of ContentsTable of Cases Table of Statutes Table of Statutory Instruments Table of Guides and Codes of Practice Table of International Materials 1 INTRODUCTION 1.1 Background 1.2 Urgent need for law reform 2 PROOF OF DEATH AND DOMICILE 2.1 Introduction 2.2 Proof of death 2.3 Domicile 2.4 Domicile of origin 2.5 Domicile of dependency 2.6 Domicile of choice 2.6.1 Residence 2.6.2 Intention 2.6.3 Burden of proof 2.6.4 Standard of proof 2.6.5 Evidence 2.6.6 Summary 3 TIME LIMITS 3.1 Introduction 3.2 Commencement of the period of 6 months 3.2.1 Grant ad colligenda bona 3.2.2 Grant pending determination of claim 3.2.3 Grant ad litem 3.2.4 Grant in common form 3.2.5 Successive grants 3.2.6 De bonis non grant 3.2.7 Cessate grant 3.2.8 Authority to the Official Solicitor to obtain a grant: Senior Courts Act 1981, section 116 3.2.9 Standing search for grant 3.3 Can a claim be made before grant? 3.3.1 The position post-1 October 2014 3.4 Applications in respect of joint property – I(PFD)A 1975, section 9 3.5 Extension of time 3.5.1 Powers of the court 3.5.2 The relevant criteria to be applied in an application for extension of time 3.5.3 Merits of the claim 3.5.4 Delay in bringing the claim 3.5.5 Negotiations 3.5.6 Distribution of the estate 3.5.7 Claimant’s possible claim against third parties or solicitors 3.5.8 Conscious decision not to make a claim 3.5.9 Claimant under disability 3.5.10 Delay caused by application for public funding 3.6 Procedure 3.7 Burden of proof 4 CLAIMANTS 4.1 Introduction 4.2 Spouse of the deceased 4.2.1 Proof of marriage 4.2.2 Polygamous and potentially polygamous marriages 4.2.3 Void marriages 4.2.4 Rights of spouse to void marriage under the I(PFD)A 1975 4.2.5 Marriage entered into in good faith 4.2.6 Distinction between void marriage and non-marriage 4.2.7 Effect of annulment of void marriage to claim under the I(PFD)A 1975 4.2.8 Voidable marriage 4.2.9 Marriage with a transsexual – Gender Recognition Act 2004 4.2.10 Separation of married couples by judicial separation order (formerly decree of judicial separation) 4.3 Civil partner of the deceased 4.3.1 Proof of civil partnership 4.3.2 Void civil partnership 4.3.3 Voidable civil partnership 4.3.4 Civil partnership entered into in good faith 4.3.5 Effect of dissolution or annulment of civil partnership 4.3.6 Effect of marriage overseas between same sex couples 4.3.7 Separation order in the case of civil partnership 4.3.8 Effect on claim made by surviving spouse/civil partner by the subsequent marriage/civil partnership before the claim is determined 4.4 Former spouse of the deceased who has not remarried 4.4.1 Overseas divorce and talaq 4.4.2 Application of I(PFD)A 1975, section 14 4.4.3 Restrictions imposed in matrimonial proceedings under I(PFD)A 1975, sections 15 and 15A 4.5 Former civil partner of the deceased 4.5.1 Application of I(PFD)A 1975, section 14A 4.5.2 Restrictions imposed in proceedings for the dissolution, etc of a civil partnership on an application under I(PFD)A 1975, section 15ZA 4.6 Cohabitant of the deceased 4.6.1 Whole of the 2 years immediately before the date when the deceased died 4.6.2 Living in the same household 4.6.3 As the husband or wife of the deceased 4.6.4 Same sex cohabitants post-5 December 2005 4.6.5 Same sex cohabitants pre-5 December 2005 4.7 Child of the deceased 4.7.1 Presumption of legitimacy 4.7.2 Legitimation 4.7.3 Legitimation and same sex female partners 4.7.4 Child of void marriage 4.7.5 Adopted child 4.7.6 Child born as a result of infertility treatment 4.7.7 Mistaken transfer of sperm 4.7.8 A child who is the subject of a parental order 4.7.9 Declaration of parentage, legitimacy and legitimation 4.8 Any person treated as a child of the family 4.9 Any person (not being a person included in the forEgoing paragraphs) who immediately before the death of the deceased was being maintained either wholly or partly by the deceased 4.9.1 Being maintained 4.9.2 Substantial contribution 4.9.3 Reasonable needs 4.9.4 Otherwise than for full valuable consideration pursuant to an arrangement of a commercial nature 4.9.5 Immediately before the death of the deceased 5 FORFEITURE 5.1 Introduction 5.2 Order modifying the effect of the rule 5.3 Three-month time limit – when time begins to run 5.4 Relevant factors for modifying the effect of the Act 5.5 Further illustration of the application of section 2(2) 5.6 Does the forfeiture rule affect trusts? 5.7 Summary 6 BASIS OF THE CLAIM 6.1 Grounds on which a claim may be made 6.2 Meaning of ‘reasonable financial provision’ 6.2.1 Surviving spouse/civil partner and judicially separated spouse/civil partner 6.2.2 Surviving spouses/civil partners and those who come within I(PFD)A 1975, sections 14 and 14A 6.2.3 Claim by surviving husband 6.2.4 Judicially separated spouse/civil partner and former spouse/civil partner 6.2.5 All other claimants 6.3 Meaning of ‘maintenance’ 6.3.1 Maintenance in relation to claimants on state benefits 7 MATTERS TO WHICH THE COURT IS TO HAVE REGARD 7.1 Introduction 7.2 Relevant date for consideraton of section 3 factors 7.3 Criteria in I(PFD)A 1975, section 3 7.3.1 Surviving spouse/civil partner 7.3.2 Former spouse/civil partner of the deceased who has not remarried or formed a subsequent civil partnership, and cohabitants 7.3.3 Child of the deceased 7.3.4 Person treated as a child of the family 7.3.5 Any other person who was being maintained by the deceased 7.4 Financial resources and financial needs – I(PFD)A 1975, section 3(1)(a)–(c) 7.4.1 Financial resources 7.4.2 Financial needs 7.5 Deceased’s obligations and responsibilities – I(PFD)A 1975, section 3(1)(d) 7.6 Size and nature of the net estate – I(PFD)A 1975, section 3(1)(e) 7.7 Physical and mental disability of any claimant or beneficiary – I(PFD)A 1975, section 3(1)(f) 7.8 Any other matter including conduct – I(PFD)A 1975, section 3(1)(g) 7.8.1 The deceased’s reasons 7.8.2 Claimant’s wish to pass assets to beneficiaries of choice 7.8.3 Conduct 7.8.4 Proprietary estoppel 7.8.5 Constructive trust 7.8.6 Rule in Rochefoucauld v Boustread 7.8.7 Doctrine of mutual wills 7.9 Factors relevant to a surviving spouse, former spouse, civil partner and cohabitants 7.9.1 Age 7.9.2 Duration of marriage/civil partnership and cohabitation 7.9.3 Claimant’s contribution to the welfare of the family 7.9.4 Financial contribution 7.10 What the surviving spouse/civil partner might reasonably have expected to receive on divorce/dissolution – divorce comparison test 7.11 Factors which apply to a former spouse/civil partner or cohabitant 7.11.1 Matrimonial proceedings and disentitlement orders under I(PFD)A 1975, sections 15, 15ZA, 15A and 15B 7.12 Claim by surviving husband/cohabitant 7.13 Claims by children of the deceased and children of the family – I(PFD)A 1975, section 1(1)(c) and (d) 7.14 Claims by person maintained by the deceased – I(PFD)A 1975, section 1(1)(e) 7.15 Assumption of responsibility by the deceased – I(PFD)A 1975, section 3(3) and (4) 8 POWERS OF THE COURT TO MAKE ORDERS 8.1 Introduction 8.2 Periodical payments – I(PFD)A 1975, section 2(1)(a) 8.2.1 Commencement date 8.2.2 Setting aside and appropriation of property – I(PFD)A 1975, section 2(3) 8.2.3 Supplementary orders and conditions 8.2.4 Secured periodical payments order 8.2.5 Duration of periodical payments order 8.3 Lump sum order – I(PFD)A 1975, section 2(1)(b) 8.3.1 Instalment order 8.3.2 Variation of order 8.3.3 Assessing amount to be awarded 8.4 Transfer of property order – I(PFD)A 1975, section 2(1)(c) 8.5 Settlement of property order – I(PFD)A 1975, section 2(1)(c) 8.6 Acquisition of property order – I(PFD)A 1975, section 2(1)(e) 8.7 Variation of nuptial settlement – I(PFD)A 1975, section 2(1)(f) and (g) 8.7.1 Has there been a settlement? 8.7.2 How should the court exercise its discretion? 8.8 Consequential and supplemental orders – I(PFD)A 1975, section 2(4) 8.9 Interim orders – I(PFD)A 1975, section 5 8.9.1 Conditions precedent 8.9.2 Matters to be considered 8.9.3 Orders that can be made 8.9.4 Personal representatives and interim orders – I(PFD)A 1975, section 20(2) 8.10 Injunctions 8.11 Variation, discharge, suspension and revival of orders – I(PFD)A 1975, section 6 8.11.1 Who may apply? 8.11.2 Orders that can be made – I(PFD)A 1975, section 6(2)–(4) 8.11.3 Meaning of ‘relevant property’ 8.11.4 Matters to be considered 8.11.5 Time limits 8.11.6 Commencement of the order 8.12 Variation and discharge of secured periodical payments orders made under Matrimonial Causes Act 1973 – I(PFD)A 1975, section 16 8.12.1 Who may apply? 8.12.2 Provisions of Children Act 1989, Schedule 1 8.13 Variation and revocation of maintenance agreements – I(PFD)A 1975, section 17 8.13.1 Meaning of ‘maintenance agreement’ 8.13.2 Orders that can be made 8.13.3 Criteria to be applied by the court 8.13.4 Effect of the order 8.14 Court’s powers in relation to applications under Matrimonial Causes Act 1973, sections 31 and 36 and CPA 2004, Schedule 5, paragraphs 60 and 73 – I(PFD)A 1975, section 18 8.14.1 Time limit 8.15 Effect, duration and form of orders – I(PFD)A 1975, section 19 9 THE NET ESTATE 9.1 Introduction 9.2 Definition – I(PFD)A 1975, Section 25(1)–(3) 9.3 Property which the deceased had power to dispose of by will 9.4 Property under general power of appointment 9.5 What may be deducted from the net estate? 9.6 Nominated property – I(PFD)A 1975, Section 8(1) 9.6.1 Insurance policies and pension schemes 9.7 Donatio mortis causa – I(PFD)A 1975, section 8(2) 9.7.1 What is donatio mortis causa? 9.8 Property held on joint tenancy – I(PFD)A 1975, section 9 9.8.1 Time limit 9.8.2 Meaning of ‘property’ 9.8.3 Severance 9.8.4 Circumstances in which an order will be considered 9.8.5 Criteria which will be applied 9.8.6 Facilitating the making of financial provision/and appears to be just 9.8.7 Meaning of ‘at the value thereof’ 9.9 Foreign property 9.9.1 Jurisdiction 9.9.2 Law of succession 9.9.3 EU Regulation 650/2012 10 DISPOSITIONS INTENDED TO DEFEAT FINANCIAL PROVISION 10.1 Introduction 10.2 Inter vivos disposition 10.2.1 Condition precedent for an order 10.2.2 Meaning of ‘disposition’ 10.2.3 Full valuable consideration 10.2.4 Intention of defeating a claim 10.2.5 Matters the court will take into consideration 10.2.6 Orders that can be made 10.2.7 Donee’s right to apply 10.3 Contracts to leave property by will 10.3.1 Condition precedent for an order 10.3.2 Contract 10.3.3 Intention to defeat a claim 10.3.4 Full valuable consideration 10.3.5 Matters to be considered by the court 10.3.6 Orders that can be made under I(PFD)A 1975, section 11 10.3.7 Where money has been paid 10.3.8 Where money has not been paid 10.3.9 Position of donee who is a trustee 10.3.10 Restrictions on the court’s powers 10.3.11 Rights of persons to enforce the contract 11 PERSONAL REPRESENTATIVES AND TRUSTEES 11.1 Introduction 11.2 Liabilities under the I(PFD)A 1975 11.3 Protection afforded by I(PFD)A 1975, section 20 11.3.1 Responsibilities and duties after proceedings have been issued 11.4 Trustees 12 PROCEDURE 12.1 Introduction 12.2 Pre-action Protocol 12.3 Venue 12.4 Claim form 12.4.1 Contents 12.4.2 Time limits 12.4.3 Application under I(PFD)A 1975, section 9 for severance of joint tenancy 12.4.4 Application under I(PFD)A 1975, sections 10 and 11 to set aside transactions made by the deceased with the intention of defeating or reducing a claim under the Act 12.4.5 Claimants 12.4.6 Defendants 12.5 Claimant’s witness statements/affidavit 12.6 Party under disability 12.7 Service 12.8 Acknowledgement of service and defendant’s evidence 12.8.1 Position of personal representative who is a defendant 12.8.2 Other defendants 12.8.3 Claimant’s reply 12.9 Interlocutory matters, directions and case management 12.10 Disclosure 12.11 Attempts/offers to settle 12.11.1 CPR Part 36 offer 12.11.2 Calderbank offers 12.12 Hearing 12.13 Endorsement of memorandum on grant 12.14 Drawing up and service of orders 12.15 Subsequent applications 12.15.1 Procedural guide 13 APPEALS 13.1 Introduction 13.2 Permission to appeal 13.3 Route of appeal 13.4 Time limits 13.5 Stay of execution 13.6 Grounds of appeal 13.7 Procedure 13.7.1 Appellant’s notice 13.7.2 Amendment of appeal notice 13.7.3 Respondent’s notice 13.8 Procedural tables Appeal from a county court judge or High Court to the Court of Appeal Appeal to the Supreme Court APPENDICES Precedents A1 Application for a postal search of the probate records of England and Wales, Form PA1S A2 Example claims to be included in the Part 8 claim form A3 Witness statement by the claimant (a surviving spouse) A4 Witness statement of the personal representative A5 Witness statement by a cohabitant of the deceased A6 Witness statement of an adult person treated as a child of the family A7 Draft orders Legislation A8 Inheritance (Provision for Family and Dependants) Act 1975 A9 Civil Procedure Rules, Part 57 – Probate and Inheritance, Extract A10 Civil Procedure Rules, Practice Direction 57 – Probate Practice Guidance A11 ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (ACTAPS Code) Index

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Book SynopsisEquity and Trusts in Australia offers an accessible introduction to the principles of Australian equity and trusts law for students, linking key doctrines to their wider relationship with the law. The text covers foundational topics of equity and trusts law, including the nature of equity, fiduciary relationships and trust structures. This edition has been revised to include recent landmark decisions and a new chapter on termination and variation of trusts. Each chapter concludes with a guide to the online resources, which encourage students to extend their knowledge of the content through further reading, practice problems and discussion topics. Written by a team of experienced authors, Equity and Trusts in Australia is an ideal text for students undertaking this area of study for the first time. A Sourcebook on Equity and Trusts in Australia is also available and provides cases and primary legal materials to accompany Equity and Trusts in Australia.Table of ContentsPart A. Introduction: 1. An overview of equity; Part B. Equitable Remedies: 2. An introduction to equitable remedies; 3. Specific performance, injunctions and equitable damages; 4. Monetary remedies in equity; 5. Rescission, rectification and declaration; 6. Bars to relief; Part C. Equity, Contract and Property: 7. Equity in contract law; 8. Equitable proprietary interests; 9. Equitable assignments; Part D. Equitable Obligations: 10. Fiduciary relationships and obligations; 11. Participants in a breach of fiduciary obligation; 12. Breach of confidence; Part E. Express Trusts: 13. The concept of the express trust; 14. Certainty requirements in the law of trusts; 15. Creating an express trust; 16. Trusts for charitable and non-charitable purposes; Part F. Performing the Trust: 17. Trustees' duties and powers; 18. Investment of trust funds; 19. Trustees' rights and liabilities; Part G. Breach of Trust: 20. Breach of trust: defences and remedies; 21. Tracing; Part H. Resulting and Constructive Trusts: 22. Resulting trusts; 23. Constructive trusts; Part I. Terminating and Varying trusts: 24. Termination and variation of trusts.

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Book SynopsisTable of ContentsForeword xiii James E. Hughes, Jr. Acknowledgments xv Introduction xvii Assessing Your Family’s True Needs xxi Section 1 Thinking Through What Matters Most 1 Chapter 1 Four Profound Questions for Families 3 Ellen Miley Perry Chapter 2 Identifying Actionable Values for Family and Enterprise 7 Doug Baumoel and Blair Trippe Chapter 3 Values That Matter 13 Sharna Goldseker and Danielle Oristian York Chapter 4 A Framework for Family Wealth and Well-Being 19 Richard Franklin and Claudia Tordini Chapter 5 Understanding Identity and Social Power 27 Kofi Hope and Zahra Ebrahim Chapter 6 Tapping Character Strengths to Move Families Forward 33 Kristin Keffeler Chapter 7 Using the Ikigai Model to Foster a Legacy of Meaningful Engagement 39 Don Opatrny and Keith Michaelson Chapter 8 Stages of Wealth Integration 45 Courtney Pullen Chapter 9 Learning from Your Money History and Writing a New Story 51 Jill Shipley Chapter 10 Envisioning the Future 59 Jamie Traeger-Muney Section 2 Becoming a Learning Family 67 Chapter 11 Benchmarking Your Family Against Successful Global Families 69 Dennis Jaffe Chapter 12 Understanding the True Goals of Wealth Preparation 75 James Grubman Chapter 13 Advancing Flourishing: A 10x10 Learning Roadmap 81 Stacy Allred, Joan DiFuria, and Stephen Goldbart Chapter 14 Finding What’s Next for Your Family 97 Barton Parrott Chapter 15 Creating Impactful Learning Programs for Families 103 Greg Burrows and Ruth Steverlynck Chapter 16 Developing a Family Wealth Education Plan 111 Kirby Rosplock Chapter 17 Practical Tools for Building Healthy Families 119 Christian Stewart Section 3 Planning Thoughtfully 127 Chapter 18 Expressing Purpose in Your Trusts 129 John A. Warnick Chapter 19 Managing a Shared Family Property 137 Jamie Forbes Chapter 20 Creating a Family Bank 143 James E. Hughes, Jr. Chapter 21 Undertaking a Family Risk Assessment 147 Linda Bourn Chapter 22 Is Your Infrastructure Resilient? 155 Natasha Pearl Chapter 23 Creating a Family Owner’s Manual 161 Josh Kanter Chapter 24 Family Behavioral Health Wellness Assessment 167 Arden O’Connor Chapter 25 Building a Smart Aging Plan 173 Susan Hyatt Chapter 26 Managing the Risk of Diminished Capacity 179 Patricia Annino Chapter 27 Creating an Ethical Will 189 Scotty McLennan Section 4 Investing Wisely 197 Chapter 28 Monitoring Financial Capital with the “Four Horsemen” Graph 199 Scott Peppet Chapter 29 Keeping Goals in the Spotlight with Capital Sufficiency Analysis 203 Joe Calabrese Chapter 30 Constructing an Investment Portfolio to Support Family Goals 209 Jean Brunel and Voyt Krzychylkiewicz Chapter 31 Investment Education for Family Members 219 Jim Garland Section 5 Seeking Sound Advice 225 Chapter 32 Assessing Your Family’s Financial and Family Management Needs 227 Scott Hayman and Tom McCullough Chapter 33 Finding an Advisor Who Will Help Your Family Thrive for Generations 235 Kathy Lintz and Ned Rollhaus Chapter 34 Choosing Trustees with Care and Wisdom 241 Kim Kamin Chapter 35 Assessing Your Readiness for a (Family Enterprise) Leadership Coach 251 Greg McCann Chapter 36 Understanding Advisors’ Fees 255 Mark Pletts Section 6 Raising the Rising Generation 261 Chapter 37 Balancing Entitlement and Responsibility in Children’s Birthdays 263 Joline Godfrey Chapter 38 A Ritual to Send Children off to College 269 Andrew Doust Chapter 39 Developmental Life Lessons for Grandchildren 277 William (Bo) and Suzanne Huhn Chapter 40 Deciding If You Should Join the Family Business 281 Josh Baron and Rob Lachenauer Chapter 41 How Can You Ensure the Success of Your Successors? 287 Dean Fowler Chapter 42 The Intergenerational Dialogue 295 Susan Massenzio Section 7 Navigating Family Dynamics 299 Chapter 43 A Three-Step Process for Enhanced Communication 301 Keith Whitaker Chapter 44 Strengthening Your “Family Factor” to Deconstruct Conflict 305 Blair Trippe and Doug Baumoel Chapter 45 Using Genograms to Understand Family Patterns 311 Guillermo Salazar Chapter 46 Achieving New Insights and Possibilities through Generative Dialogue 317 Michelle Osry Chapter 47 How Powerful Are Your Questions? 323 Ian McDermott Chapter 48 Expectations versus Agreements 329 Mimi Ramsey and Stephanie Hardwick Chapter 49 Enhancing Sibling Relationships 335 Christian Stewart Chapter 50 Gamechanging 343 Matt Wesley Section 8 Making Shared Decisions 349 Chapter 51 Hats Off to You! 351 Lee Hausner Chapter 52 How to Balance Family Stability with Resilience over Generations 355 James Grubman Chapter 53 Making Better Decisions by Telling Stories That Have “Already Happened” 359 Stacy Allred Chapter 54 Democratizing Family Decision-Making 365 Barbara Hauser Chapter 55 Using RACI to Determine Roles and Responsibilities in a Complex Multigenerational Family Enterprise 369 Kathryn McCarthy Chapter 56 Creating Internal Controls and Policy and Procedures for a Family Office 377 Eugene Lipitz Chapter 57 Leading Successful Family Meetings 381 Katherine Grady and Wendy Ulaszek Chapter 58 Establishing Ground Rules for Family Meetings 387 Keith Whitaker Section 9 Giving Together 391 Chapter 59 Finding a Philanthropic Focus and Integrating the Rising Generation Perspective 393 Etienne Eichenberger, Małgorzata Smulowitz, and Peter Vogel Chapter 60 Facilitating Grandchild-Grandparent Philanthropy 401 James E. Hughes, Jr. Chapter 61 Helping Families Move Up the Philanthropic Curve 405 Leslie Pine Chapter 62 A Roadmap to Successful Philanthropy 411 Susan Winer Conclusion 415 Bios 417 Index 419

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Book SynopsisEdina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. She proposes the new concept of postmortal privacy and provides answers and suggestions as to what happens to online identity after death.

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Book SynopsisInheritance Act Claims is a highly practical book which provides guidance on how to conduct claims, the court's approach, assessing quantum, the tax implications of orders and compromises, and the issues arising for will drafting.

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Book SynopsisMaking Gifts of Assets is an essential yet user-friendly guide for private client, company commercial and conveyancing solicitors that pulls together all the key considerations when advising on making gifts into one concise volume.

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Book SynopsisWritten by leading lawyers in the field, this popular guide to the tax efficient drafting of wills, estate planning and administration provides practitioners with help and guidance, and discusses the typical problems and pitfalls that may be encountered in practice. The precedents have been carefully selected to deal in a straightforward fashion with the common needs of clients.The book begins by looking at the essential legal framework of wills, trusts and taxation through a combination of detailed and authoritative commentary, worked examples and expertly drafted precedents. It then examines specific topics including: transferable nil rate band, using IPDIs, provision for children, pilot trusts, gifts, APR and BPR, instruments of variation and disclaimer, and tax efficient administration.The authors narrative commentary is supplemented by 40 precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisA practical, empowering guide to navigating your partner''s diagnosis of a terminal or life-limiting illness, or death. Receiving the news that your partner has a terminal or life-limiting illness, or has died unexpectedly, is among the worst experiences in life. At a time when you are least able to cope, you are faced with a multitude of difficult decisions, some of which must be made quickly. What you need is a friend who has experienced everything you are about to face, who can support you as you navigate some tough, important choices. This book is that friend. There is plenty of information out there but where to start looking? What information is needed and how can it be accessed? What decisions are essential in the immediate term and what can be left until later? Throughout the book, the emphasis is on protecting and supporting those left behind by presenting almost every choice you may need to make and the possible implications of each decision.

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Book Synopsis'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills, with particular reference to avoiding those issues which often given rise to litigation. The book includes useful precedents and checklists.Trade Review' …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.Table of ContentsPreface 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 Index

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Book SynopsisA no-nonsense, candid and practical consumer guide which looks at today's Will-making options of using DIY kits, Will-writers, banks, online suppliers and solicitors to make a Will. Also discussed is the appointment of executors, Will storage, the writing of a Letter of Wishes and when to review a Will. It could literally save you thousands.Trade ReviewA no-nonsense...well-written and comprehensive guide for the layperson. Manchester Law Society Messenger - August 2013 Byron points out common mistakes and traps for the unwary. I liked much about this little book, which highlights the importance of making the decisions that are correct for individuals and their heirs. Written in the same clear and practical style as Last Orders, this impressive book is a comprehensive guide for the lay person. It will equip the reader with all of the information needed to take the next step and make a good will. - STEP Journal, October 2013 I finished reading The Good Will Guide last night and I really liked it. I thought it was very well-balanced between the various types of will preparers and gave plenty of information about wills so that consumers can make up their own minds. To be honest, it was refreshing to read something on the pros and cons of various will preparers that didn't have a heavy bias one way or the other. Almost everything else I've read in this area has an agenda to push - whether it's STEP, the Law Society, Institute of Professional Will Writers, Co-op, Saga, etc. The Good Will Guide certainly deserves to be as successful as Last Orders. - Stephen Sampson, Solicitor and TEP, Edward Hayes LLP Solicitors and Advocates, September 2014.Table of Contents1 Good Will 2 Intestacy 3 First Things First 4 DIY Will Kits 5 Online Wills 6 Will-Writers 7 Banks 8 Solicitors 9 Other Will Providers 10 Charities 11 Weighing It All Up 12 Choosing Your Executors 13 Letters of Wishes 14 Storing Your Will 15 Other Matters To Consider 16 When to Review Your Will 17 Twelve Things To Do

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This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.

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Book SynopsisThis book provides invaluable help to those advising clients about the opportunities, implications and pitfalls of varying the disposition of estates using variations and disclaimers. Altered personal circumstances or legislative changes, often mean that the way in which property has been left on death is unsatisfactory and can be improved.

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Book SynopsisThis practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes.

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Book SynopsisThis book is the first extensive treatment of deathbed gifts in English law to be published. Such gifts are sometimes made by donors who, when facing impending death, transfer their property conditionally on death. It is a fascinating area of the law containing rules which have their origins in Roman Law, and which have continued to be been developed in modern law combining aspects of the laws of succession, trusts and personal property. Deathbed Gifts provides a detailed exposition and analysis of the current rules. It also traces the origins of the law and examines its continued development by the courts. The subject is represented by a rich case law including recent Court of Appeal decisions; a comprehensive summary of the case law is included.

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Book SynopsisWorking in Wills and Probate is suitable for paralegals and junior staff working in private client teams as well as for junior staff working for will-writing firms and estate administration teams in banks.

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Book SynopsisTristram and Coote''s Probate Practice is the definitive work on probate and is extensively referred to by the Probate Registries. This new edition, fully updated since the 31st edition and supplement set, contains up to date, expert guidance on all aspects of probate procedure and is accompanied by a CD-ROM containing precedents recommended by Probate Registrars. The text is written by a team of experts drawn from the judiciary, probate registry and the Capital Taxes Office and is fully updated to include all new developments since the 31st edition.The precedents are accepted by the Probate Registry and come recommended, making this new edition essential for all practitioners working within this complex area of the law.

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Book SynopsisWilliams on Wills has long been recognised as the leading text in the area of wills. Considered to be the definitive practitioner textbook, the new edition has been fully revised and updated for 2021. As always, the title will consist of two volumes, the second of which comprises an extensive collection of gold standard precedents both for complete wills and clauses used in wills, also included on a CD in Word format ready to edit and use in practice.Included in this new edition - Vol. 1:* Case law updates since the last supplement in 2018;* Additional commentary on digital assets;* New commentary on the Covid attestation rules. Vol. 2:* New RNRB precedents added where appropriate, including 2-yr, 2-day spousal interest in possession* New precedent wording for a ''Covid attestation'' clause;* Discussion of Brexit.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisClinical ethicist Dianne Godkin offers deeper understanding of the experience of preparing for end-of-life (advance directive).Trade Review"No one is immortal, and the best way to deal with the unfortunate is preparation. "Living Will, Living Well" is a guide to responsibly dealing with the event of death. Aimed at those in their later years, the book speaks of the importance of a living will and how the document isn't enough. "Living Will" offers advice on encouraging communication with loved ones and friends, assistance in dealing with the legal paperwork of wills and other complications that arise, and dealing with oneself after a loved one has passed on. "Living Will" is a solid compendium of knowledge on one's own death, and should be highly considered by those who don't want complications for themselves or their loved ones." Internet Bookwatch, Midwest Book Review, Nov. 2008"Godkin draws from her nursing experience and research in her advocacy of advanced directives. The five substantive chapters in this concise, clearly written volume are titled 'Protecting Self and Others,' 'Facing One's Mortality,' 'Talking about Death,' 'Choosing an Agent,' and 'Getting It Done.' In contrast with many such works, this volume is practical and concrete, noting that the general public became aware of the concept of advaced directives through legal cases like those of Karen Ann Quinlan and Terry Schiavo. These cases highlighted living wills' potential for protecting patient autonomy and supporting family, friends, and caregivers in making medical decisions for dying patients. To illustrate her message, Godkin introduces two fictitious individuals dying of leukemia: 'Alice,' 84, learns about advanced directives from a church workshop, prepares for her own death by preparing a legacy scrapbook, and dies peacefully in accord with her expressed wishes; and 'Martha,' 65. Godkin, a young nurse, is called in as Martha is dying, and is horrified by the quasi-violence of medical efforts to resuscitate Martha before she is 'efficiently pronounced dead.' Appendixes include 'Guiding Interview Questions,' 'Sample Advanced Directives,' and 'Educational Resources.' Valuable for health facility patients, staff, and visitors." H. J. John, Choice, April 2009"Minimally, the "publish or perish" world of the academy expects that the contents of doctoral dissertations will be mined for conference papers and/or articles in refereed journals. The academic ideal, however, is the dissertation's transformation into a book, something that Godkin, currently Regional Ethicist with Trillium Health Centre in Mississauga and a University of Toronto assistant professor, has done with "Apprehending Death: The Older Adult's Experience of Preparing an Advance Directive," her 2002 dissertation completed at the University of Alberta's Faculty of Nursing. Readers seeking a how-to book on preparing their own living will, aka an advance directive, will eventually get that information, but Godkin's doctoral research was more concerned about the process that seniors used in arriving at the creation of a living will than she was in its exact contents. Drawing heavily from the structure and content of chapters 4-8 of her dissertation, Godkin explores five themes which serve as the book's chapter titles: "Protecting Self and Others"; "Facing One's Mortality"; "Talking about Death"; "Choosing an Ally"; and "Getting It Done." In her study, Godkin interviewed 15 seniors whose reflections on preparing an advance directive are given voice through the narration of Godkin's composite creation, Alice Dawson, 84, whose "conversations" appear in italics while Godkin's analysis is in regular print. The book concludes with an eight-page Reference List and four appendices, with one being her interview questions, the second a "Sample Advance Directive," and the final two "Legislative Guidelines" and "Educational Resources." Godkin saw three audiences for Living Will, Living Well: individuals, especially older adults, who are considering preparing an advance directive; their family members or friends who would play a supportive role, including being the ally who would endeavour to ensure that the advance directive's terms were actualized; and health care providers. Godkin believes members of the last group because they see their goal as preserving life, often find themselves in conflict with living wills and, therefore, need to become better informed. Though the book is generally quite readable, given that two of the audiences are just average Canadians, Godkin needed to abandon some of the academic writing style, especially the reference citations within the text. Recommended." - Dave Jenkinson, University of Manitoba"This text sets out the matters to be considered and done in preparation for departure from this mortal coil. The highlight is the sample directives that will assist the reader in his or her testamentary decisions. A useful book for trial lawyers who have reached 65 years of age." Ronald F. MacIsaac, The Saskatchewan Advocate, December 2008

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Book SynopsisNinety-three per cent of people who have made a will in the UK have not included any provision for their digital assets when they die. It is therefore vital that all practitioners involved in drafting wills and estate planning discuss with their clients what will happen to their digital estate on their death. This book explains the practical and legal aspects of planning for and administering a digital estate: * what constitutes a digital asset; * digital assets and the law; * how to consider digital assets when drafting wills; * dealing with digital assets after death; * the digitisation of wills and will signing; and * financial abuse and digital assets. The book provides guidance and precedents for dealing with digital assets when drafting wills and also covers issues such as the risks for solicitors, data security, access rights and valuing digital assets. A template for a digital assets inventory is also included.Table of Contents1. What are digital assets? 1.1 Introduction; 1.2 Media; 1.3 Written; 1.4 Cloud storage; 1.5 Social; 1.6 Design; 1.7 Financial; 1.8 Non-digital assets; 2. Issues to consider when drafting wills; 2.1 Introduction; 2.2 Training to deal with digital assets; 2.3 Insurance; 2.4 Initial enquiry and terms of engagement; 2.5 Terminology; 2.6 Digital asset inventory; 2.7 Taking instructions; 2.8 Choice of executor; 2.9 Specific drafting issues; 2.10 Precedents; 2.11 Dealing with assets outside the will; 3. Dealing with digital assets post death; 3.1 Introduction; 3.2 The role and duties of personal representatives; 3.3 Deletion or retention - what should personal representatives do?; 3.4 Ascertaining digital assets; 3.5 Digital assets that are not part of the estate; 3.6 Reducing risk for solicitors; 3.7 Date security and access rights; 3.8 Valuing assets; 3.9 Dealing with individual assets; 3.10 Wiping devices prior to transfer, disposal or sale; 3.11 Finalising tax to the date of death; 4. Planning for the future; 4.1 Introduction; 4.2 Powers of attorney; 4.3 Accessing assets; 4.4 Using digital technology to improve life; 5. The digitisation of wills and will signing; 5.1 Introduction; 5.2 Digitisation and electronic signatures; 5.3 Law reform; 5.4 Law reform outside of England and Wales; 5.5 Reform of lasting powers of attorney; 5.6 COVID-19 and law reform in England and Wales; 5.7 Managing the risk of remote witnessing; 5.8 COVID-19 and law reform outside of England and Wales; 5.9 Conclusion; 6. Financial abuse and digital assets; 6.1 Introduction; 6.2 The different types of digital scamming; 6.3 What to do if you suspect a client is being scammed; 6.4 How to signpost clients; 6.5 Options for personal representatives; Appendix A: Digital asset inventory.

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Book SynopsisThis practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to trust disputes.

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Book SynopsisThe Wills and Inheritance Protocol sets out the Law Society's preferred practice in will drafting, probate and estate administration and supports the provision of consistent and high quality services by legal practices. The Protocol aims to raise standards of client care and service by: improving communication between practices, clients and beneficiaries increasing transparency and therefore understanding of the necessary processes encouraging practices to agree timescales and service levels with clients. Meeting the obligations of the Protocol is the cornerstone of the new Wills and Inheritance Quality Scheme and will also help all legal practices to: demonstrate high standards of practice to clients and others meet legal requirements achieve compliance with outcomes-focused regulation provide a consistent level of service. This book contains the full text of the Protocol version 1.0 and an appendix with relevant statutory extracts and guidance on good practice.Table of ContentsLaw Society Wills and Inheritance Protocol; Appendix: A. Statutory extracts; B. Law Society practice notes; C. Member benefits.

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Book SynopsisAdoption of core practice management standards, based on Lexcel v.5, is a mandatory requirement for legal practices seeking accreditation under the new Wills and Inheritance Quality Scheme. This practical toolkit helps applicants to understand and comply with these standards.

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Book SynopsisAn in-deep comparative analysis of German and Polish inheritance law

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Book SynopsisThis collection of essays demonstrates the continuing vitality and commercial importance of trusts in the Common Law world. Trusts is a subject that continues to excite interest with its mixture of sophisticated thinking and practical applications.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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