A Practical Guide To The Construction And Rectification Of Wills And Trust Instruments Second Edition
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A Practical Guide To The Construction And Rectification Of Wills And Trust Instruments Second Edition
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Author : Edward Hewitt
language : en
Publisher: Law Brief Publishing
Release Date : 2023-11-30
A Practical Guide To The Construction And Rectification Of Wills And Trust Instruments Second Edition written by Edward Hewitt and has been published by Law Brief Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-30 with Law categories.
Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman. This book is designed as a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them. This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide. ABOUT THE AUTHOR Edward Hewitt is a barrister at 5 Stone Buildings in Lincoln's Inn. He has a private client practice with a particular emphasis on inheritance and trust disputes. He is frequently asked to advise on the correct construction of wills and trust instruments. He has also acted in some of the leading recent cases involving the construction and rectification of wills and trust instruments, some of which have included ancillary professional negligence proceedings against the relevant draftsman. CONTENTS Chapter One - Introduction 1.1 The problem 1.2 Structure of this book: distinction between wills and other trust instruments 1.3 A bit of history 1.4 Relationship between construction and rectification 1.5 Miscellaneous Chapter Two - Construction of Wills 2.1 The law 2.2 Practice and procedure 2.2.1 Who is affected? 2.2.2 Can the problem be resolved by agreement? 2.2.3 Professional negligence 2.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 2.2.5 Court intervention: construction claims in the Chancery Division Chapter Three - Rectification of Wills 3.1 The law 3.2 Practice and procedure 3.2.1 Who is affected? 3.2.2 Can the problem be resolved by agreement? 3.2.3 Professional negligence 3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 1987 3.2.5 Court intervention: rectification claims in the Chancery Division Chapter Four - Construction of Other Trust Instruments 4.1 The law 4.2 Practice and procedure 4.2.1 Who is affected? 4.2.2 Can the problem be resolved by agreement? 4.2.3 Professional negligence 4.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 4.2.5 Court intervention: construction claims in the Chancery Division Chapter Five - Rectification of Other Trust Instruments 5.1 The law 5.2 Practice and procedure 5.2.1 Who is affected? 5.2.2 Can the problem be resolved by agreement? 5.2.3 Professional negligence 5.2.4 Court intervention: rectification claims in the Chancery Division Chapter Six - Mistake and Hastings-Bass 6.1 Mistake 6.2 Hastings-Bass REVIEWS OF THE FIRST EDITION "Mr Hewitt has an easy writing style which is to be commended for what could be a difficult and dry topic. Instead, it is a book which provides clarity when trying to approach the actions which need to be taken" - Gill Steel, LawSkills
A Practical Guide To The Construction And Rectification Of Wills And Trust Instruments
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Author : Edward Hewitt
language : en
Publisher:
Release Date : 2020-01-12
A Practical Guide To The Construction And Rectification Of Wills And Trust Instruments written by Edward Hewitt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-12 with categories.
This book is a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.
The Construction Of Wills
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Author : Albert Keating
language : en
Publisher:
Release Date : 2017-09-18
The Construction Of Wills written by Albert Keating and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-18 with Law categories.
The second edition of this volume is a comprehensive, practical and up-to-date analysis of the principles and rules of construction and post-probate issues, including how the courts interpret wills once they become the subject of litigation. This comprehensive work takes account of all recent case law-as well as new legislation such as the Land and Conveyancing Law Reform Act 2009-pertaining to trustees, trusts, trusts of land, and the amendments of the Rules of the Superior Courts by SI No 254 of 2016 relating to the conduct of trials, and SI No 255 of 2016 which deals with pre-trial procedures. Part 1 provides the principles and rules of construction, and the rules of intrinsic and extrinsic evidence, which are applied by the courts when attempting to ascertain and give effect to a testator's intention from vague or uncertain language used by him or her in creating gifts. Part 2 deals with issues that may arise in construction suits concerning, not only uncertain language used in the creation of gifts, but also the actual legal validity of such gifts. Part 3 supplies a useful constructive and interpretative methodology that may be applied for construing and interpreting relevant statutory provisions. Part 4 deals with the forms and procedures required for instituting construction suits, and with issues involving the award of costs. This book is written primarily with legal practitioners in mind and will be of practical use in construction and probate litigation matters. It will also be a useful resource for academic lawyers, students engaged in professional courses, and those undertaking law degrees. [Subject: Wills & Trusts, Irish Law]
Chemical Engineering Design
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Author : Gavin Towler
language : en
Publisher: Elsevier
Release Date : 2012-01-25
Chemical Engineering Design written by Gavin Towler and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-25 with Technology & Engineering categories.
Chemical Engineering Design, Second Edition, deals with the application of chemical engineering principles to the design of chemical processes and equipment. Revised throughout, this edition has been specifically developed for the U.S. market. It provides the latest US codes and standards, including API, ASME and ISA design codes and ANSI standards. It contains new discussions of conceptual plant design, flowsheet development, and revamp design; extended coverage of capital cost estimation, process costing, and economics; and new chapters on equipment selection, reactor design, and solids handling processes. A rigorous pedagogy assists learning, with detailed worked examples, end of chapter exercises, plus supporting data, and Excel spreadsheet calculations, plus over 150 Patent References for downloading from the companion website. Extensive instructor resources, including 1170 lecture slides and a fully worked solutions manual are available to adopting instructors. This text is designed for chemical and biochemical engineering students (senior undergraduate year, plus appropriate for capstone design courses where taken, plus graduates) and lecturers/tutors, and professionals in industry (chemical process, biochemical, pharmaceutical, petrochemical sectors). New to this edition: Revised organization into Part I: Process Design, and Part II: Plant Design. The broad themes of Part I are flowsheet development, economic analysis, safety and environmental impact and optimization. Part II contains chapters on equipment design and selection that can be used as supplements to a lecture course or as essential references for students or practicing engineers working on design projects. New discussion of conceptual plant design, flowsheet development and revamp design Significantly increased coverage of capital cost estimation, process costing and economics New chapters on equipment selection, reactor design and solids handling processes New sections on fermentation, adsorption, membrane separations, ion exchange and chromatography Increased coverage of batch processing, food, pharmaceutical and biological processes All equipment chapters in Part II revised and updated with current information Updated throughout for latest US codes and standards, including API, ASME and ISA design codes and ANSI standards Additional worked examples and homework problems The most complete and up to date coverage of equipment selection 108 realistic commercial design projects from diverse industries A rigorous pedagogy assists learning, with detailed worked examples, end of chapter exercises, plus supporting data and Excel spreadsheet calculations plus over 150 Patent References, for downloading from the companion website Extensive instructor resources: 1170 lecture slides plus fully worked solutions manual available to adopting instructors
Trusts And Modern Wealth Management
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Author : Richard C. Nolan
language : en
Publisher: Cambridge University Press
Release Date : 2018-05-31
Trusts And Modern Wealth Management written by Richard C. Nolan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-31 with Law categories.
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007
Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Construction Quantity Surveying
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Author : Donald Towey
language : en
Publisher: John Wiley & Sons
Release Date : 2017-09-05
Construction Quantity Surveying written by Donald Towey and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Technology & Engineering categories.
The revised and updated comprehensive resource for Quantity Surveyors working with a construction contractor The second edition of Construction Quantity Surveying offers a practical guide to quantity surveying from a main contractor's perspective. This indispensable resource covers measurement methodology (including samples using NRM2 as a guide), highlights the complex aspects of a contractor's business, reviews the commercial and contractual management of a construction project and provides detailed and practical information on running a project from commencement through to completion. Today’s Quantity Surveyor (QS) plays an essential role in the management of construction projects, although the exact nature of the role depends on who employs the QS. The QS engaged by the client and the contractor's QS have different parts to play in any construction project, with the contractor's QS role extending beyond traditional measurement activities, to encompass day-to-day tasks of commercial building activities including estimating, contract administration, and construction planning, as well as cost and project management. This updated and practical guide: Focuses on the application, knowledge and training required of a modern Quantity Surveyor Clearly shows how Quantity Surveying plays an essential central role within the overall management of construction projects Covers measurement methodology, the key elements of the contractor's business and the commercial and contractual management of a construction project The construction industry changes at fast pace meaning the quantity surveyor has a key role to play in the successful execution of construction projects by providing essential commercial input. Construction Quantity Surveying meets this demand as an up-to-date practical guide that includes the information needed for a Quantity Surveyor to perform at the highest level. It clearly demonstrates that quantity surveying is not limited to quantifying trade works and shows it as an important aspect of commercial and project management of construction projects.
Construction Contracts
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Author : John Murdoch
language : en
Publisher: Routledge
Release Date : 2002-01-04
Construction Contracts written by John Murdoch and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-01-04 with Architecture categories.
Although the legal principles involved in construction contracts and their management and administration are an aspect of general contract law, the practical and commercial complexities of the construction industry have increasingly made this a specialist field. Recognizing this, Construction Contracts is a fully revised edition of the UK’s leading textbook on the law governing this area. Brought up to date with recent cases and developments in the law as it stands at July 2000, this new edition: takes full account of the effects of the Housing Grants, Construction and Regeneration Act 1996, the Arbitration Act 1996, the Contracts (Rights of Third Parties) Act 1999 and the changes in the legal system brought about by the Woolf reforms includes extended coverage of financial protection, construction insurance and tendering controls, as well as the Construction (Design and Management) Regulations has been revised to take account of changes to the common standard-form contracts, particularly the New Engineering Contract and the GC/Works family of contracts. Retaining the same basic approach as its successful predecessors, this important text introduces the general principles that underlie contracts in construction, illustrating them by reference to the most important standard forms currently in use.
How To Settle An Estate In Scotland A Practical Guide
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Author : Stephanie Christie-Carmichael
language : en
Publisher:
Release Date : 2022-02-18
How To Settle An Estate In Scotland A Practical Guide written by Stephanie Christie-Carmichael and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-18 with categories.
This book is designed to give the general practitioner, solicitors who don't normally deal with estates and trainee solicitors a guide to dealing with the practical and effective administration of estates in Scotland. It covers the main issues that the practitioner is likely to come up against when dealing with an estate. It also aims to highlight opportunities to add value to the Executors and beneficiaries and create further business opportunities for the practice. ABOUT THE AUTHOR Stephanie Christie-Carmichael is a consultant private client solicitor with over 17 years' experience in dealing exclusively with Wills, trusts, succession & Inheritance Tax planning for high net worth individuals and estate administration across Scotland and England.
Adr And Trusts
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Author : Grant Jones
language : en
Publisher: Spiramus Press Ltd
Release Date : 2015-01-05
Adr And Trusts written by Grant Jones and has been published by Spiramus Press Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-05 with Law categories.
Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.