Wills & Probate

The Executor's Handbook is a step-by-step guide for estate executors and personal representatives. Covering everything from probate to wills to liquid assets, it helps readers determine the best course of action as an executor.

Updates to this edition include:
New information on wills
New types of bank accounts, such as pay-on death accounts
The Taxpayer Relief Act of 1997
The increasingly common use of trusts
All state and federal laws, in texts and tables.

This edition of a book previously in the Modern Legal Studies series, has been greatly expanded for use by practitioners dealing with cases involving constructive trusts. Case law since the last edition has made the subject an important one. * The first practitioner text on this fast developing aspect of trusts law * Previous edition regularly judicially cited in Australia and New Zealand, and recently in England * Includes a discussion of Commonwealth authorities

The Mental Capacity Act 2005 comes into force in 2007 and radically reforms the law under which decisions will be made for those who lack mental capacity. Changes are wide-ranging and significant and include: a new functional capacity test; the primacy of 'best interests'; the creation of a new Court of Protection; and a new criminal offense of ill-treatment or wilful neglect. This practical guide contains a copy of the Act and examines both the impact of the changes introduced and the priniciples and key concepts. It is an invaluable resource for all practitioners working in this complex area.

This standard text, now in its 12th edition, adopts a modern approach to will-writing, showing how to draft wills in clear and succinct English. Practical and user-friendly precedents cover the full range of situations met in daily practice, each represented on an easy-to-use computer disk. The pack contains several categories of precedents not available elsewhere, particularly in the areas of co-habitees, single parents and "living wills". The book includes flow charts, tables and worked examples.

Essential reading for an executor and anyone thinking about making or updating a will, "How to Write Your Will" is full of expert advice and easy-to-use information set out in jargon free language. It covers all the important issues, including: why to write a will; where to start; tax and legal considerations; and the problems of dying intestate. It also provides detailed instructions for executors on valuing and administering an estate prior to winding it up. Fully revised to include all new changes to tax laws and the latest legislation on trusts, "How to Write Your Will" now features an extended chapter on documentation, information on the legal situation in scotland, a 'how to' section and an explanation of the implications for assets in other countries. Packed with helpful information, practical examples and FAQs, it is the complete guide to wills and probate.

This book provides a brief account of the English law of trusts. It reveals the underlying concerns of the subject, and suggests ways its rules may be explained and evaluated. With an approach that helps students develop a clearer understanding of one of the more abstract, and more difficult areas of law, this book will be usefully read both before and along with a more detailed study of the law of trusts.

The law of succession is of fundamental interest to us all. When someone dies their property is distributed in accordance with their will or the rules of intestacy - the cornerstone of the law of succession. The interplay between the wishes of testators and the expectations of family and friends produces a subject of compelling human interest. Textbook on Succession will provide students with a lucid and readable exposition of the subject, dispelling the notion of succession as a "dry" subject. Central issues such as the limits of testamentary freedom and the rights of spouses and children on intestacy are discussed in detail. Considerable attention is also given to the rich case law with clear and full commentary provided on each case discussed. New cases include, Ewing v Bennett [2001] W.T.L.R. 249 on execution of will and the problems of illnesses such as dementia, Re Dabbs [2001] W.T.L.R. 527 on the validity of a will, d'Eye v Avery [2001] W.T.L.R. 227 on the intention to make a will and Chana v Chana [2001] W.T.L.R. 205 on soundness of mind and alcoholism. The text covers all the major areas of this subject, including the administration of estates and will be essential reading for all students studying wills, intestacy and succession on law degrees or vocational courses.

Our ancestors' wills and related records can be a valuable source of genealogical information; an opportunity to find out more about their lives, families, livelihoods - sometimes even their personalities. However, the records can seem complex. From 1858 wills were centrally registered and researching them is straightforward but before 1858 wills were administrated in a network of church courts and the records are scattered. This comprehensive guide makes will research available to all, from the novice family historian to the seasoned researcher seeking clarification on complexities. It makes sense of the records and the institutions to approach as well as the indexes and digital resources increasingly available. Legal terminology and Latin phrases are translated and the text is illustrated throughout with examples of the records including wills. Contents: · Introduction · Church courts and records before 1858 · Finding a will before 1858 · Administrations before 1858 · Wills and administrations from 1858 onwards · Understanding the will · Inventories and accounts · Death duty registers · Litigation · Other probate records · Appendices, Further Reading and Index

Concentrating on the principles of the subject and confining more detailed coverage to those areas which are commonly covered at degree level, this volume provides a clear exposition of the law of trusts. This fifth edition of the text features debates on the relationship between trusts and conscience and the transactional and restitutional approaches to tracing equity. Coverage has been expanded to include pension funds and undue influence.