E-book

The law of succession / Richard Hedlund.

Summary:

This textbook is designed to meet the needs of students studying on the LLB, GDL or SQE by introducing them to succession law in a clear and succinct manner, whilst at the same time highlighting the many topics which are controversial and may be in need of reform. The textbook will also explain key practical points, such as will drafting, applying for a grant of probate, and calculating inheritance tax.

Record details

ISBN: 0995653054
ISBN: 9780995653054
Physical Description: 1 online resource (275 pages)
Publisher: Saltford [England] : Hall and Stott Publishing Ltd, [2019]

Content descriptions

Bibliography, etc. Note:	Includes bibliographical references and index.
Formatted Contents Note:	Intro -- Preface -- Contents -- Table of Cases -- Table of Legislation -- Abbreviations -- Introduction -- What is succession law? -- Key terms in succession law -- Key sources in English succession law -- The historical development of English succession law -- Succession of real property prior to the Wills Act 1837 -- Succession of personal property prior to the Wills Act 1837 -- Development of succession law from 1837 -- Future reform of succession law -- Testamentary Intention and Capacity -- Age -- Testamentary capacity -- Delusions: the original test for testamentary capacity Banks v Goodfellow: the current test for testamentary capacity -- The first requirement: the testator must understand the nature and act of writing a will -- The second requirement: the testator must have an understanding of what property he or she owns -- The third requirement: the testator must understand who should be considered as potential beneficiaries -- The fourth requirement: the testator's decision-making must not be affected by any mental illness or disorder -- Time: when does the testator need to have testamentary capacity? -- Burden of proof: proving testamentary capacity Evidence used to prove testamentary capacity -- The Golden Rule -- The Mental Capacity Act 2005 -- Knowing and approving -- Testamentary intention -- Further reading -- Formality Requirements for a Valid Will -- Wills Act 1837, s 9 -- The will has to be in writing (s 9(a)) -- The testator must sign the will (s 9(a)) -- The testator signs personally -- The testator directs another person to sign on their behalf -- The testator must intend that their signature gives effect to the will (s 9(b)) The testator signs or acknowledges their signature in the presence of two or more witnesses, present at the same time (s 9(c)) -- Who can be a witness? -- Each witness must sign the will or acknowledge their signature in the presence of the testator, but not necessarily in each other's presence (s 9(d)) -- Reform of s 9 of the Wills Act 1837 -- Dispensing power -- Electronic wills -- Exceptions to the formality requirements -- Privileged wills (Wills Act 1837, s 11) -- Soldier being in actual military service -- Mariner or seaman being at sea -- Donatio mortis causa The donor must contemplate their impending death -- The donor makes a gift which will only take effect if and when the contemplated death occurs -- until then the donor can revoke the gift -- The donor must deliver dominion over the property to the intended recipient -- What property can be passed through DMC? -- What are the problems with DMC? -- Further reading -- Example of a Will -- Example will -- Discussion of the will clauses -- Preamble -- Clause 1 -- Clause 2 -- Clause 3 -- Clause 4 -- Clause 5 -- Clause 6 -- Clause 7 -- Clause 8 -- Attestation clause -- Further reading -- Rectification and Construction of a Will.
Source of Description Note:	Print version record.