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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
Written by leading lawyers in the field, this popular guide to the
tax efficient drafting of wills, estate planning and administration
provides practitioners with help and guidance, and discusses the
typical problems and pitfalls that may be encountered in practice.
The precedents have been carefully selected to deal in a
straightforward fashion with the common needs of clients. The book
begins by looking at the essential legal framework of wills, trusts
and taxation through a combination of detailed and authoritative
commentary, worked examples and expertly drafted precedents. It
then examines specific topics including: transferable nil rate
band, using IPDIs, provision for children, pilot trusts, gifts, APR
and BPR, instruments of variation and disclaimer, and tax efficient
administration. The authors narrative commentary is supplemented by
40 precedents which are included on an accompanying CD-ROM,
allowing users to download and adapt each document as necessary.
The book deliberately sets out to bridge the gap between the people
using the Court and the professionals who advise them so that all
involved can make fully informed decisions about money and welfare
at what can be a stressful time. Using plain English, it
demystifies the law, language and procedure and is enhanced by a
raft of invaluable flowcharts, tables and model documents that help
put the guidance into practice. While accessible to the non-lawyer
the book also provides the professional legal adviser with a quick,
clear first point of reference.
The longest running law revision series, trusted by students for
over 30 years, Nutshells present the essentials of law clearly and
concisely in a memorable and user friendly way. The ideal
companionboth for getting up to speed with a new topic of law and
preparing for law exams. This is the law in a nutshell!
Presented and written in a friendly and engaging style, Dr Brian
Sloan continues to update Borkowski's classic textbook which is
perfectly pitched for today's undergraduate students. Considerable
attention is given to the area's rich and evolving case-law,
illustrating the relevance of the law to modern life; the central
issues and academic debates surrounding inheritance are discussed
fully. New to this edition chapter nine, Family provision, has been
restructured to include Ilott v The Blue Cross and subsequent case
law, an expanded section on inheritance tax and more diagrams on
key concepts and processes, all presented in a clear design to aid
understanding and ease navigation. igital formats and resources The
fourth edition is available for students and institutions to
purchase in a variety of formats, and is supported by online
resources. - The e-book offers a mobile experience and convenient
access along with functionality tools, navigation features and
links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks - Borkowski's Law of Succession is
accompanied by online resources featuring a bank of useful and
relevant web links, post-publication updated to the law and a range
of companion multiple choice questions on the key areas of
succession law.
Launching a major new research project examining the principles of
succession law in comparative perspective, this book discusses the
formalities which the law imposes in order for a person to make a
testamentary disposal of property. Among the questions considered
are the following. How are wills made? What precisely are the rules
- as to the signature of the testator, the use of witnesses, the
need for a notary public or lawyer, and so on? Is there is a choice
of will-type and, if so, which type is used most often and what are
the advantages and disadvantages of each? How common is will-making
or do most people die intestate? What happens if formalities are
not observed? How can requirements of form be explained and
justified? How did the law develop historically, what is the state
of the law today, and what are the prospects for the future? The
focus is on Europe, and on countries which have been influenced by
the European experience. Thus in addition to giving a detailed
treatment of the law in Austria, Belgium, England and Wales,
France, Germany, Hungary, Italy, the Netherlands, Poland, and
Spain, the book explores legal developments in Australia, New
Zealand, the United States of America, and in some of the countries
of Latin America with a particular emphasis on Brazil. It also
includes chapters on two of the mixed jurisdictions - Scotland and
South Africa - and on Islamic Law. The book opens with chapters on
Roman law and on the early modern law in Europe, thus setting the
historical scene as well as anticipating and complementing the
accounts of national history which appear in subsequent chapters;
and it concludes with an assessment of the overall development of
the law in the countries surveyed, and with some wider reflections
on the nature and purpose of testamentary formalities.
Die Untersuchung befasst sich mit dem sehr praxisrelevanten
Schnittstellenbereich: die Stellung des Minderjahrigen im Erbrecht.
Im Rahmen der Untersuchung konkretisiert die Autorin zunachst den
Begriff des "lediglich rechtlichen Vorteils" ( 107 BGB) und
ubertragt ihn auf die Vermachtnisannahme und -ausschlagung. Ist der
Vermachtnisnehmer zugleich pflichtteilberechtigt, setzt der Erbe
ihm eine Frist zur Erklarung uber die Annahme und lasst der
Vermachtnisnehmer die Frist verstreichen, gilt das Vermachtnis als
ausgeschlagen ( 2307 Abs. 2 BGB): Hier stellt sich die Frage, wie
der Minderjahrigenschutz verwirklicht werden kann. Im Hinblick auf
die gesetzliche Vertretung wird bei der Erfullung von
Vermachtnissen das Selbstkontrahierungsverbot relevant und die
Autorin hinterfragt die weiteren Schutzmechanismen der
Erganzungspflegschaft und familiengerichtlichen Genehmigung.
This third edition is aimed to serve as a reference work not only
for law students (from the start of law school up to final exams)
but also legal trainees as well as legal practitioners. It presents
the fundamentals as well as specialized topics of the law of
succession. Legislation enacted since the previous edition was
taken into consideration according to its educational relevance.
Based on its connection to the ongoing and heated debate on
euthanasia, the topic of "patient testaments" was thoroughly
revised. The planned legal amendments, which will especially affect
the law pertaining to compulsory portion, were also taken into
consideration. A new chapter presents the issues surrounding a
person's ability to inherit, whose birth is a result of artificial
insemination.
This highly acclaimed textbook combines the principles of the law
of trusts with an explanation of the various and more complicated
parts of the law. Renowned for its clarity, this new edition of
Riddall: The Law of Trusts presents a full account of all major
developments since the last edition, notably the Trustee Delegation
Act 1999 and Trustee Act 2000. The impact of the Trustee Act 2000
is reflected in the changes to many chapters, in particular to
those that deal with investment, the duties of trustees, trustees'
remuneration, and the power to appoint agents.
Few families are able to pass along their wealth successfully to
the next generation. The barriers to keeping money in the family
are much more formidable than the barriers to making money in the
first place. Why should this be? What pitfalls are most common? How
can families and their advisers increase the odds of a successful
intergenerational transfer of wealth? How can they preserve the
family's human and intellectual capital?
Judy Martel, CFP(R), provides insightful answers to these questions
and dozens more in this richly detailed book. "The Dilemmas of
Family Wealth" takes a fresh look at the communications barriers,
misunderstandings, and generational conflicts that can pull
families apart and scatter their wealth in far less time than it
took to build it. Martel identifies the dilemmas that families are
likely to face and offers wise counsel for overcoming the
challenges they pose. Her book includes advice and perspectives
from top experts in the field and frank first-person experiences
related by family members with whom they have worked.
Already in its 4th edition, this textbook presents the fundamentals
as well as specific topics in inheritance law. The new edition
considers recent amendments to inheritance law, including the 2010
reform of the inheritance right to a compulsory portion
(Pflichtteilsrecht) as well as the German law on living wills.
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