Theobald on Wills

Theobald on Wills provides an unrivalled blend of academic analysis and practical advice on the law of wills. It covers every aspect of the subject, from the fundamental principles of will making to a wide range of practical issues and discussion of the latest case law. Explains the fundamental principles of will making, clarifying complex concepts in clear English Goes through the general principles of construction and the admissibility of evidence Offers guidance on the interpretation of wills and the meaning of words for the purposes of construing wills Shows how the courts have interpreted the law through detailed analysis of case law Identifies problems which may arise in practice and provides possible solutions Offers advice on procedural matters including the resolution of difficulties by court order and mediation Covers related topics such as administration of estates and the law of trusts Includes a chapter on Professional Negligence clearly detailing topics such as the duty to the testator, the burden of proof and breach of duty Explains the impact of recent legislation such as the Marriage (Same Sex Couples) Act 2013 and the latest changes to Inheritance Tax New developments covered in this 18th edition: Recent cases in professional negligence related to wills, including new commentary on the extent of the duty to mitigate Discussion of fully and half secret trusts, including the decision in Re Freud concerning Lucian Freud’s estate Important developments on testamentary capacity: Walker v Badmin Now fully updated to include the Charities Act 2011 Inheritance and Trustees’ Powers Act 2014 and Trusts (Capital and Income) Act 2014 A new chapter on the rectification of wills, including Marley v Rawlings, Kell v Jones and Reading v Reading New material on the appointment of executors New commentary on the principles of construction following Marley v Rawlings Updated material on conflicts of laws and wills, including a full description of the EU Succession Regulation and its impact in England and Wales