Williams on Wills (Set of 2 Vols.) with Free CD – 10th Edition
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Williams on Wills (Set of 2 Vols.) with Free CD – 10th Edition
Description
Sometimes the changes taken account of in a new edition of Williams on Wills are changes in taxation, sometimes changes in the law of succession. This time, in the 10th edition, they are mostly changes in the law of succession, and changes which can be broadly characterised as the law catching up with social change and with changes in professional practice. The most obvious example of catching up with social change is the amendments to the intestacy rules which apply to deaths on or after 1 October 2014 by virtue of inheritance and Trustees’ Powers Act 2014. The 1925 intestacy rules, like the old estate duty surviving spouse examination (by which tax was payable on the first death, but not the second) reflected a society in which the function of wives was to give birth and bring up children, and when the important thing, when it came to success to property, was to ensure that the children inherited the maximum compatible with providing the widow with just about enough to live off until she died. The revised rules from 1 October 2014 under which, in cases where there are issue of the intestate, the window or widower receives a fixed cash legacy plus half the remainder of the estate absolutely, reflects modern attitudes to marriage as an equal partnership. The inheritance tax spouse exemptions, as compared with the estate duty surviving spouse exemption, shows a similar evolution.
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Contents
VOLUME 1 – THE LAW OF WILLS
PART A NATURE OF WILLS
Chapter 1 Nature of a will
Chapter 2 Joint and mutual wills
Chapter 3 Contracts relating to wills
PART B CAPACITY AND DISPOSING INTENT
Chapter 4 Testamentary capacity
Chapter 5 Knowledge and approval
Chapter 6 Rectification
PART C WHAT DISPOSITIONS MAY BE MADE
Chapter 7 What may be disposed of by will
Chapter 8 Interests which may be created by will
Chapter 9 Who may benefit under a will
PART D FORM OF WILL AND EXECUTION
Chapter 10 Form of Will
Chapter 11 Signature
Chapter 12 Attestation
Chapter 13 Presumption of due execution
Chapter 14 Alterations, interlineations and erasures
Chapter 15 Incorporation of unattested documents
Chapter 16 Wills of soldiers, sailors and airmen
PART E REVOCATION, REPUBLICATION AND REVIVAL OF WILLS
Chapter 17 Revocation by marriage or civil partnership
Chapter 18 Voluntary revocation
Chapter 19 Conditional revocation and dependent relative revocation.
Chapter 20 Codicils
Chapter 21 Revival
Chapter 22 Republication
PART F WILLS WITH FOREIGN ELEMENT
Chapter 23 Form of wills where foreign property or domicile is involved
Chapter 24 Wills with a foreign element: essential validity and construction and
exercise of powers of appointment
PART G EXECUTORS, TRUSTEES AND GUARDIANS
Chapter 25 Executors
Chapter 26 Special administrators for settled land
Chapter 27 Trustees
Chapter 28 Appointment of Guardians
PART H CONTENTS OF WILLS
Chapter 29 Appropriation
Chapter 30 Legacies
Chapter 31 Abatement and refunding of legacies
Chapter 32 Interest and income on legacies
Chapter 33 Annuities
Chapter 34 Conditions generally
Chapter 35 Particular Conditions
chapter 36 Secret trusts
Chapter 37 Conversion
Chapter 38 Residuary gifts
Chapter 39 Exercise of powers by will
Chapter 40 Powers of appointment-miscellaneous matters affecting the exercise of the power
PART I FAILURE OF GIFTS
Chapter 41 Ademption
Chapter 42 Election
Chapter 43 Estoppel
Chapter 44 Satisfaction
Chapter 45 Acceptance of a gift
Chapter 46 Disclaimer of gift
Chapter 47 Lapse
Chapter 48 Failure of gift
PART J CONSTRUCTION OF WILLS: GENERAL PRINCIPLES
Chapter 49 Functions of the court of construction
Chapter 50 General Principles of construction
Chapter 51 Presumptions
Chapter 52 Inconsistencies and transposition and rejection of words
Chapter 53 Uncertainty
Chapter 54 Context and Meaning of words
Chapter 55 Meaning of particular words
Chapter 56 change of ‘or’ into ‘and’ vice versa
Chapter 57 Evidence admissible in a court of construction-extrinsic evidence
Chapter 58 Inaccuracy of description-falsa demonstration
PART K CONSTRUCTION OF WILLS: PARTICULAR RULES RELATING TO PROPERTY
Chapter 59 Descriptions of property—will speaks from death
Chapter 60 General descriptions of property
Chapter 61 Accessories follow principal gift
Chapter 62 Unlimited gifts of income or unlimited charges
Chapter 63 Description by locality
Chapter 64 Particular descriptions of property
PART L CONSTRUCTION OF WILLS: PARTICULAR RULES RELATING TO PERSONS
Chapter 65 Time for ascertaining the donees
Chapter 66 Class gifts – rules of convenience
Chapter 67 Survivorship
Chapter 68 Alternative donees
Chapter 69 Descriptions of donees by number
Chapter 70 Commorientes
Chapter 71 Relationship by blood and affinity
Chapter 72 Illegitimacy of donees
Chapter 73 Persons en ventre sa mere
Chapter 74 Gifts to children
Chapter 75 Adopted children
Chapter 76 Gifts to ‘issue’
Chapter 77 Gifts to next of kin
Chapter 78 Gifts to ‘heir’
Chapter 79 Gifts to ‘family’, to ‘relations’, and to ‘representatives’
Chapter 80 Gifts to ‘wife’ and ‘husband’
Chapter 81 Other descriptions of donees
PART M CONSTRUCTION OF WILLS: PARTICULAR RULES RELATING TO BENEFICIAL INTERESTS
Chapter 82 Quantity of interest given
Chapter 83 Absolute and life interests
Chapter 84 Entailed interests
Chapter 85 Gifts to a person and his children or to a person and his issue
Chapter 86 Concurrent gifts – joint tenancy and tenancy in common
Chapter 87 Distribution per capita and per stirpes
Chapter 88 Cumulative and substituted gifts
Chapter 89 Successive interests
Chapter 90 Accruer clauses
Chapter 91 Conditional gifts
Chapter 92 Option to purchase
Chapter 93 Vesting
Chapter 94 Perpetuities
Chapter 95 Accumulations
Chapter 96 Divesting
Chapter 97 Gift over on death
Chapter 98 Limitations on failure of issue
Chapter 99 Restriction on alienation and forfeiture clause
Chapter 100 Hotchpot Clauses
Chapter 101 Gifts by implication
PART N CHARITIES
Chapter 102 Charities: gifts for charitable purposes
Chapter 103 Charitable gifts; construction and cy-pres
PART O INTESTACY
Chapter 104 Intestacy
PART P FAMILY PROVISION
Chapter 105 Family provision
Cumulative Index
VOLUME 2 – PRECEDENTS AND STATUTES
Contents
Form Finder
Table of Abbrevaiations
Cumulative Table of Statutes
Cumulative Table of Statutory Instruments
Cumulative Table of Cases
Part A INTRODUCTORY NOTE
I. General
II. Clauses in Wills
Part B CLAUSES IN WILLS
B1 Commencement of will
B2 Miscellaneous declaration and desires sometimes included in wills or other documents
B3 Appointment of executors, trustees and guardians
B4 Specific Gifts
B5 Gifts and other Provisions Relating to Business Property
B6 Gifts of Freehold Land
B7 Gifts of Leasechold
B8 Rights of Residence
B9 Testamentary options
B10 Pecuniary legacies
B11 Annuities
B12 Charitable gifts
B13 Exercises of special powers of appointment
B14 Residue
B15 Absolute and simple contingent gifts
B16 Life interests
B17 Trusts for children
B18 Discretionary trusts and powers
B19 Provisions for failure of primary trusts
B20 Administrative powers and provisions
B21 Trustees and executors
B22 Testimonium and attestation clauses
PART C COMPLETE WILLS
C1 Wills for use in emergency
C2 Wills for married couples (or civil partners) with young children
C3 Wills for married couples (or civil partners) with adult children
C4 Wills providing for someone with a disability
C5 Wills where there is more than one family
C6 Wills for unmarried couples with children
C7 Wills for sole parents with young children
C8 Wills for sole parents with adult children
C9 Wills for members of childless households
C10 Wills for childless individuals
C11 Wills disposing of business property
C12 Wills disposing of farms and farming businesses
C13 Wills for owners of substantial property
C14 Wills with a foreign element
PART D CODICILS
D Codicils
PART E STATUTORY WILL FORMS 1925
E Statutory Will Forms 1925
PART F NON-TESTAMENTARY INSTRUMENTS
F1 Renunciation of probate and disclaimer of trusteeships
F2 Executors and trustees
F3 Disclaimers and variations of beneficial interests
F4 Exercises of dispositive powers created by wills
F5 Miscellaneous documents giving effect to legacies
PART G LEGISLATION
Section 1 Wills and intestacy
Section 2 Succession rights and adoption , legitimation, illegitimacy assisted reproduction,
surrogacy, change of gender ans same sex marriage
Section 3 Miscellaneous provisions relevant to the drafting of wills
Section 4 Family provision and relief from forfeiture
Section 5 European succession legislation
Cumulative Index
Additional information
Binding | Hardcover |
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Book author | S.L. Meadway, R.F.D. Barlow QC, R.A. Wallington, James Macdougald |
Edition | 10th |
ISBN | 9.78141E+12 |
Publication | LexisNexis |
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