Theobald on Wills 20th ed

Theobald on Wills provides comprehensive coverage of the law and practice relating to wills, with an unrivalled blend of academic analysis and practical advice. It offers in-depth analysis of all aspects of the subject, from the fundamentals of making a will, to interpretation and construction, to giving effect to wills. This 150th anniversary edition is fully updated and includes detailed coverage of the Law Commission’s proposals for reform.

Key Features:

• Explains the essential elements of making a will, including formal and substantial validity, incorporation of documents and secret trusts, and revocation, revival, and republication
• Considers the types of property that may be disposed of by will and the equitable doctrine of election, as well as who may be a devisee or legatee
• Discusses the construction of wills, rectification, and types of legacy, including gifts of annuities and gifts for charitable purposes
• Looks in detail at the description of beneficiaries under the will, including the meaning of various terms of relationship, gifts to children, and class gifts, as well as the types of interests that may be conferred
• Includes chapters on wills and the conflict of laws, probate and administration, and professional negligence

New coverage in this edition includes a detailed explanation and critique of the Law Commission's extensive proposals for reform of the law of wills; recent case law, including the latest High Court and Court of Appeal decisions on capacity, undue influence, revocation of wills, and formalities; and more detailed, practical coverage of the procedure in interpretation and rectification claims.

table of content

Foreword to the 19th Edition of Theobald on Wills

Preface

List of Books

Table of Cases

Table of Statutes

Table of Statutory Instruments

 

SECTION A: INTRODUCTION

CHAPTER 1. WILLS AND OTHER TESTAMENTARY INSTRUMENTS

CHAPTER 2. WILLS AND CONFLICTS OF LAWS

 

SECTION B: MAKING A WILL

CHAPTER 3. THE FORMAL VALIDITY OFWILLS

CHAPTER 5. INCORPORATION OF DOCUMENTS AND SECRET TRUSTS

CHAPTER 6. ALTERATIONS

CHAPTER 7. REVOCATION, REVIVAL AND REPUBLICATION

CHAPTER 8. WHAT PROPERTYMAY BE DISPOSED OF BYWILL?

CHAPTER 9. THE EQUITABLE DOCTRINE OF ELECTION

CHAPTER 10. WHO MAY BE DEVISEES OR LEGATEES?

 

SECTION C: PROCEDURE FOR CONTENTIOUS PROBATE CLAIMS

CHAPTER 11. PRELIMINARY STEPS AND PARTIES

CHAPTER 12. THE CLAIM FORM, ACKNOWLEDGEMENT, EVIDENCE OF TESTAMENTARY

CHAPTER 13. CASE MANAGEMENT AND PRE-TRIAL PROCEDURE

CHAPTER 14. TRIAL

CHAPTER 15. COSTS

CHAPTER 16. PROVISION FOR THE DECEASED’S FAMILY AND DEPENDANTS

 

SECTION D: UNDERSTANDING A WILL

CHAPTER 17. ADMISSIBILITY OF EVIDENCE AS AN AID TO CONSTRUCTION

CHAPTER 18. GENERAL PRINCIPLES OF CONSTRUCTION

CHAPTER 19. RECTIFICATION OFWILLS

CHAPTER 20. PROCEDURE IN OTHER CLAIMS CONCERNINGWILLS

CHAPTER 21. TYPES OF LEGACY

CHAPTER 22. GIFTS OVER

CHAPTER 23. TESTAMENTARY OPTIONS

CHAPTER 24. GIFTS OF ANNUITIES

CHAPTER 25. GIFTS FOR CHARITABLE PURPOSES

CHAPTER 26. RESIDUARY GIFTS AND PARTIAL INTESTACY

CHAPTER 27. DESCRIPTION OF THINGS

CHAPTER 28. DESCRIPTION OF BENEFICIARIES: GENERAL

CHAPTER 29. DESCRIPTION OF BENEFICIARIES: RELATIONSHIPS

CHAPTER 30. DESCRIPTION OF BENEFICIARIES: CHILDREN

CHAPTER 31. DESCRIPTION OF BENEFICIARIES: CLASS GIFTS

CHAPTER 32. DESCRIPTIONS OF INTERESTS

CHAPTER 34. VESTING

CHAPTER 35. PERPETUITY AND ACCUMULATION

CHAPTER 36. EXECUTION OF POWERS

 

SECTION E: GIVING EFFECT TO WILLS

CHAPTER 37. PROBATE AND ITS EFFECT

CHAPTER 38. ADMINISTRATION

CHAPTER 39. ADMINISTRATIVE POWERS OF TRUSTEES

CHAPTER 40. RULES AGAINST DOUBLE PORTIONS AND OTHER DOUBLE PROVISION

CHAPTER 41. ADEMPTION

CHAPTER 42. INCOME OR INTEREST CARRIED BY GIFTS

CHAPTER 43. RIGHTS BETWEEN TENANT FOR LIFE AND REMAINDERMAN

CHAPTER 44. PROFESSIONAL NEGLIGENCE

table of content

Foreward

Preface

Table of Contents

Table of Cases

Table of Statutes

Table of Statutory Instruments

Section A: Introduction

1. Wills and Other Testamentary Instruments

2. Wills and Conflicts of Laws

Section B: Making a Will

3. The Formal Validity of Wills

4. The Substantial Validity of Wills

5. Incorporation of Documents and Secret Trusts

6. Alterations

7. Revocation, Revival and Republication

8. What Property May be Disposed of by Will?

9. The Equitable Doctrine of Election

10. Who May be Devisees or Legatees?

Section C: Procedure for Contentious Probate Claims

11. Contentious probate procedure

12. Provision for the Deceased’s Family and Dependants

Section D: Understanding a Will

13. Admissibility of Evidence as an Aid to Construction

14. General Principles of Construction

15. Rectification of Wills

16. Procedure in Interpretation and Rectification Claims

17. Types of Legacy

18. Gifts over

19. Testamentary Options

20. Gifts of Annuities

21. Gifts for Charitable Purposes

22. Residuary Gifts and Partial Intestacy

23. Description of Things

24. Description of Beneficiaries: General

25. Description of Beneficiaries: Relationships

26. Description of Beneficiaries: Children

27. Description of Beneficiaries: Class Gifts

28. Descriptions of Interests

29. Conditions

30. Vesting

31. Perpetuity and Accumulation

32. Execution of Powers

Section E: Giving Effect to Wills

33. Probate and its Effect

34. Administration

35. Administrative Powers of Trustees

36. Satisfaction; The Presumption Against Double Portions (and Other Double Provision)

37. Ademption

38. Income or Interest Carried by Gifts

39. Rights Between Tenant for Life and Remainderman

Section F: Professional Negligence

40. Professional Negligence

Index