Description
Book SynopsisThe
Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the ‘landmark’ cases in any given field. Succession law’s long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a ‘landmark’ case, as well as on the peculiarities and limitations of the case law method.
Trade ReviewA substantial contribution to the understanding, review and critique of succession law. All of the contributions are well written and researched, enabling a deep appreciation both of the case and subsequent events … No doubt it will prove an invaluable resource for academics, students and practitioners. -- Fiona Burns, University of Sydney * Journal of Equity *
Table of Contents1. Introduction Brian Sloan 2.
All Souls College v Codrington (1720): Money, Books and the Interpretation of Wills – A Testamentary Drama in Three Acts Birke Häcker 3.
Jesson v Wright (1820): Wills, Coal and the Rule in
Shelley’s Case N G Jones 4.
Banks v Goodfellow (1870): Defining Testamentary Capacity Juliet Brook 5.
Re D(J) (1981): Statutory Wills Barbara Rich 6.
Hastilow v Stobie (1865): Lack of Knowledge and Approval Roger Kerridge 7.
White v Jones (1995): A Legacy of the Search for Principle Judith Skillen and James Lee 8.
Williams v Hensman (1861) and the Law of Severance: Janus Personified Martin Dixon 9.
Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine Ying Khai Liew 10.
Sugden v Lord St Leonards (1876): Probate of the Missing Will – Hamlet Without the Prince? Simon Cooper 11.
Thorner v Major (2009): Proprietary Estoppel and Inheritance John Mee 12.
Re Welch (1990): Enforcing Testamentary Promises Nicola Peart 13.
Strong v Bird (1874): Reassessing the Rule Elizabeth Drummond 14.
Williams v Williams (1882): Succession Law Rules and the Fate of the Dead Heather Conway 15.
Commissioner of Stamp Duties (Queensland) v Livingston (1964): Rights of Estate Beneficiaries and Trust Beneficiaries Compared Charles Mitchell 16.
Gartside v IRC (1967): ‘This decision involved a small point’ Dominic de Cogan 17.
Ilott v The Blue Cross (2017): Testing the Limits of Testamentary Freedom Brian Sloan 18.
S and S (2005): Compulsory Portion and Solidarity between Generations in Civil Law Walter Pintens 19.
Lashley v Hog (1804): Forced Heirship, and Succession across Borders Daniel J Carr 20.
Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia? Prue Vines
