Provides a wealth of information on wills and their making in a compact, user-friendly format.This book is an aide-memoire to practitioners who are not necessarily experts in the area but who are faced with issues involving wills. It is particularly useful for trainees, para legals and newly qualified practitioners who need to expand their knowledge beyond the basics that might have been covered on a legal practice course or is part of an ILEX or similar qualification.
As well as dealing with making a will and the succession implications of the possible dispositions, the book also considers the planning and drafting of tax-efficient wills along with typical strategies for passing down the family wealth. There are illustrative case studies which demonstrate the application of the intestacy rules and tax efficient planning for testators with typical will-making problems. The case studies include using the transferable nil rate band effectively and maximising business property relief. A particular feature of the book is that it covers a number of issues that are potentially litigious. Costs in litigation over disputed wills can easily swallow up the whole of modest to moderate estates. As well as the financial waste are the irreconcilable rifts and misery that bitter family disputes can cause in determining capacity, claims under the Inheritance (Provision for Family and Dependants) Act 1975, mutual wills, conflicts with other death dispositions such as estoppel, foreign property and issues over the will's construction and interpretation. The book's aim throughout is to help you avoid potential problems and it has a whole chapter on tips to avoid common drafting pitfalls. Recent developments are taken into account, including the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 and the cases of Barrett v Bem, RSPCA v Gill and Ilott v Mitson. The text is supported by a number of useful precedents and checklists.
Professor Lesley King is co-author of A Practitioner's Guide to Wills (Wildy, Simmonds & Hill); Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administrations and Estate Planning and editor of The Probate Practitioner's Handbook. She is the wills and probate columnist for The Law Society Gazette and writes and lectures extensively on wills, taxation and related matters. Peter Gausden was formerly a principal lecturer at the College of Law. He is now a consultant solicitor at Rowlinsons advising on probate and estate planning. His contributions to legal publications include Tolley's Administration of Estates and Tolley's Guidance and he is co-author to A Practitioner's Guide to Wills (Wildy, Simmonds & Hill).
1 Wills and Other Death Disposition 2 Restrictions on Testamentary Freedom 3 Testamentary Capacity and Intention 4 Requirements for Valid Execution 5 Revocation of Wills 6 Alteration to Wills and Use of Codicils 7 Construction and Interpretation of Wills 8 Why Gifts in Wills Might Fail 9 Wills Dealing with Property Abroad 10 Locating and Storing Wills 11 Appointment of Executors and Trustees 12 Appointment of Testamentary Guardians 13 Legacies 14 Dealing with the Home and Land 15 Residuary Gifts Including Residuary Trusts 16 Planning a Tax-efficient Will 17 Powers to Deal with Income and Capital 18 Administrative Powers for Personal Representatives and Trustees 19 Funeral and Other Requests 20 Practical Issues when Taking Instructions and at Execution 21 Tips on Avoiding Drafting Pitfalls Appendices 1 A Family Will 2 Intestacy Rules 3Planning a Tax-efficient Will - Case Studies