Construction Of Wills 2nd Edition
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Construction Of Wills 2nd Edition
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Author : R. Williams
language : en
Publisher:
Release Date : 2017-04-23
Construction Of Wills 2nd Edition written by R. Williams and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-23 with categories.
The first edition of Construction of Wills in Australia, by David Haines QC, was published in 2007. Since that time, there has been a steady stream of court applications across Australia involving the construction and rectification of wills. The published decisions clarify the application of the principles of construction, and the operation of the relevant statutory provisions. Since that time, there has been a steady stream of Court decisions on the construction and rectification of wills in Australia. Richard Williams, in this second edition, builds on the original work by providing an analysis of recent cases, together with a commentary on the applicable statutory rules in each State and Territory. The text provides a guide to the manner in which rules of construction should be applied in Australia. It contains a detailed discussion of the nature of gifts, both land and personal property, gifts to donees including class gifts, together with various other aspects of the law of construction of wills. The comprehensive nature of the work makes it an essential reference tool for lawyers practising within the field.
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]
A Concise Treatise On The Construction Of Wills
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Author :
language : en
Publisher:
Release Date : 1912
A Concise Treatise On The Construction Of Wills written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with categories.
Concise Treatise On The Construction Of Wills 2nd Ed
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Author : Hawkins
language : en
Publisher:
Release Date : 1912
Concise Treatise On The Construction Of Wills 2nd Ed written by Hawkins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with categories.
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 Concise Treatise On The Construction Of Wills Second Edition By Charles Percy Sanger
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Author : Francis Vaughan HAWKINS
language : en
Publisher:
Release Date : 1912
A Concise Treatise On The Construction Of Wills Second Edition By Charles Percy Sanger written by Francis Vaughan HAWKINS and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with categories.
Concise Treatise On The Construction Of Wills 2d Ed
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Author : Hawkins
language : en
Publisher:
Release Date : 1912
Concise Treatise On The Construction Of Wills 2d Ed written by Hawkins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with categories.
The Law Of Wills
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Author : Albert Keating
language : en
Publisher:
Release Date : 2018
The Law 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 2018 with Probate law and practice categories.
The Law of Wills, Second Edition, is a comprehensive and in-depth account of the law of wills, including the procedures and practices required in the making of a will. Comprehensively revised since the first edition and with the inclusion of useful precedents this book will be an essential tool for every solicitor dealing with and advising on wills. Since the first edition various Act of the Oireachtas have been passed that impinge on the law of wills and the making of wills, such as the Land and Conveyancing Law Reform Act 2009, Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Charities Act 2009 and Finance Act 2010, and also Statutory Instruments, Case Law and Probate Office Updates. The Law of Wills, Second Edition, adopts a unique three-stage approach to the making of wills. The first stage involves the taking of instructions by the testator's solicitor for the preparation of his or her will. The second stage involves the preparation of the will in accordance with the information provided by the testator in the instructions sheet; wills precedents may be used as guidelines when "translating" the testator's wishes into the language of wills. The third stage involves the knowledge and approval by the testator of contents of his or her will followed by the execution of the will in accordance with s.78 of the Succession Act 1965. The Law of Wills, Second Edition, also considers in depth applications for grants of probate by executors, and the administration and distribution of a deceased's estate. It also deals with probate actions challenging the validity of wills, administration actions by beneficiaries regarding their rights and interests in wills, s 117 applications by children of a testator for proper provisions out of the deceased's estate, construction suits to interpret provisions of a will, and equitable claims that may be brought against the estate in the form of proprietary estoppel or remedial constructive trusts.
Hawkins And Ryder On The Construction Of Wills
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Author : Eric Charles Ryder
language : en
Publisher:
Release Date : 1965
Hawkins And Ryder On The Construction Of Wills written by Eric Charles Ryder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965 with Probate law and practice categories.
Drafting Trusts And Will Trusts In Australia
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Author : James Kessler
language : en
Publisher: Lawbook Company
Release Date : 2008-01-01
Drafting Trusts And Will Trusts In Australia written by James Kessler and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Inheritance and succession categories.
Based on a highly acclaimed UK title, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA has been comprehensively adapted to provide authoritative guidance on drafting trusts and will trusts in eight Australian jurisdictions. Providing both a comprehensive range of precedents and a wealth of valuable advice, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA cuts through verbosity and helps you to understand and prepare trust documents your client wants and needs. The book features chapters on key areas of trust law, including beneficiaries, trustees, trustee's powers and general provisions of a trust. DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA also offers a large number of precedents for both lifetime and will trusts. The precedents, which appear in printed form and on an accompanying CD-Rom, reveal a fresh approach to creating documents. A unique addition to the Australian market, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA is an essential reference for those practising in tax law, estate and succession planning, family law and property law.