A Practitioner's Guide to Wills - Couverture rigide

King, Lesley; Biggs, Keith; Gausden, Peter

Couverture rigide

ISBN 10 : 085490204X ISBN 13 : 9780854902040

Editeur : Wildy, Simmonds and Hill Publishing, 2017

Synopsis

The fourth edition of this popular title provides a practical and comprehensive reference for all those concerned in drafting and interpreting wills, and in giving effect to their provisions. The commentary is supported throughout by an extensive range of specimen clauses and model wills are provided in a separate appendix. All precedent material is included on the accompanying CD-Rom, enabling practitioners to adapt precedents for their own use. Fully updated, A Practitioner's Guide to Wills now covers the Estates of Deceased Persons (Forfeiture Rule and Law of Succession Act) 2011, Marriage (Same Sex Couples) Act 2013, Trusts (Capital and Income) Act 2013 and the Inheritance and Trustees Powers Act 2014, the latter making major changes to the intestacy rules, family provision legislation and trustees’ statutory powers of maintenance and advancement. It examines the impact of these legislative changes as well developments in taxation affecting wills, notably the new relevant property trust regime and its impact on pilot settlements, the new residence nil rate band, the reduced rate of IHT for gifts to charity and the new rules on trusts for disabled beneficiaries. The impact of the new residence nil rate band on planning and drafting is considered, together with the role that nil rate band gifts and discretionary trusts might still have to play in financial planning. The chapter on construction of wills has been rewritten following the Supreme Court’s decision in Marley v Rawlings and subsequent cases including Reading v Reading are considered. The chapter on testamentary capacity has been revised in the light of developments since the Mental Capacity Act 2005 including Simon v Byford which considered the extent to which dementia affects testamentary capacity. Other recent cases discussed include the Court of Appeal decisions in Ilott v Mitson and its implications for testators who wish to exclude close family members from benefit.

A propos du livre

Présentation de l'éditeur

A Practitioner's Guide to Wills is a wide-ranging and thoroughly practical handbook for all concerned in drafting and interpreting wills, and in giving effect to their provisions. In the opening chapters, the authors expertly guide the reader through preliminary matters such as capacity and formal requirements, moving on to beneficiaries and legacies; gifts of businesses and land; and residuary gifts. There are chapters on revoking and altering wills; codicils; executors and trustees; overseas property; powers and discretionary trusts; income and interest; administrative provisions; construction; and much else. Later chapters deal with the inheritance and capital gains tax regimes, and include advice on tax-efficient will planning. A number of topical matters are dealt with in the course of the text; these include the case of Re Rogers and the appointment of solicitors as executors; and the provisions of the Charities Bill. The controversial changes to the taxation of settlements, introduced by the Finance Act 2006, are also covered, and a precedent for a gift of residue to young people for life with a power to advance capital is set out. Specimen clauses appear throughout the text; they have been revised and updated for adaptation by readers. Some model wills are also given. A Practitioner's Guide to Wills will prove a useful reference for all concerned in this important area of practice.

Biographie de l'auteur

Professor Lesley King is a solicitor, and a principal lecturer at the College of Law. She is co-author of Wills, Taxation and Administration: A Practical Guide and editor of the Probate Practitioner s Handbook. She is also the wills and probate columnist for the Law Society's Gazette, and writes and lectures extensively on wills and related matters. Keith Biggs is also well known for his writings and lectures. For many years he was District Probate Registrar at Winchester, and is now a consultant on common form probate. He is co-author of the successful handbook, Probate and the Administration of Estates: The Law and Practice. Meryl Thomas, BA, LL.M. is a reader in law at the University of Central England. Her specialisations include trusts, property and pensions. She was the author of the original edition of A Practitioner's Guide to Wills, and, as consulting editor, has brought her expertise to this revised edition.

Détails de l'édition

• Éditeur: Wildy, Simmonds and Hill Publishing
• Date d'édition: 2017
• Langue: anglais
• ISBN 10: 085490204X
• ISBN 13: 9780854902040
• Reliure: Relié
• Numéro d'édition: 4
• Nombre de pages: 534
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible