Theobald on Wills
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Author: John Ross Martyn; Dr Mika Oldham; Alexander Learmonth; Charlotte Ford
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Format: Book
Status: Live on Westlaw UK

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The 17th edition of Theobald on Wills contains an unrivalled blend of academic comment and practical advice on the most recent case law, legislation both domestic and European, and authorities affecting all aspects of the law of Wills. Many recent developments are discussed in detail, including the following:

  • The effect of the Mental Capacity Act 2005 and recent caselaw on testamentary capacity
  • Review of recent cases concerning want of knowledge and approval
  • Recent European and domestic caselaw concerning choice of and conflicts of law
  • Updated advice on and discussion of family provision
  • Caselaw on the admission of extrinsic evidence as to construction
  • Problems arising from and solutions to professional negligence in drafting and executing Wills
  • The impact of the Perpetuities and Accumulations Act 2009
  • An overview and full discussion of recent developments in the law relating to constructive trusts and proprietary estoppel
  • The impact of the Charities Act 2006 on charitable dispositions in Wills, and recent cases
  • A fully updated section on the construction of Wills, including analysis of the Privy Council opinion in Sammut v Manzi regarding the effect of punctuation and sub-paragraphs on interpretation, and discussion of the possible effect of The Human Rights Act.

The authors have included cross-references where appropriate to the publisher’s looseleaf service Practical Will Precedents, to Drafting Trusts and Will Trusts, and to Brighouse’s Precedents of Wills. The text is therefore both academically rigorous and practically illuminating.

First Supplement to the 17th Edition

The new supplement to Theobald on Wills records all the relevant cases on the law of will that have been decided since last edition. This new supplement explains a number of important developments for key cases and recent legislation that you need to be aware of to best serve your clients, including:

  • The discussion of the obiter remarks of the Court of Appeal in Burgess v Hawes
  • The “awful warning” of Marley v Rawlings

This supplement also updates you on:

  • Examples are the EU Succession Regulation
  • Developments in the law of constructive trusts and estoppel, as they affect wills
  • Professional negligence in relation to wills
  • Family provision
  • Gifts for charitable purposes
  • The possible effect of Human Rights law on gifts in wills
  • The so-called “Rule in Hastings-Bass” and the associated law of mistake
  • The new law applying to the capital and income of trusts
  • The treatment of the new, or least modified approach to Wills, explained by the Court of Appeal in RSPCA v Sharp