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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
This third volume in a series on Comparative Succession Law
concerns the entitlement of family members to override the
provisions of a deceased person's will to obtain money or assets
(or more money or assets) from the person's estate. Some countries,
notably those in the civil law tradition (such as France or
Germany), confer a pre-ordained share of the deceased's estate or
of its value on certain members of the deceased's family, and
especially on the deceased's children and spouse. Other countries,
notably those in the common law tradition (such as England, Canada,
or Australia), leave the matter to the discretion of the court, the
amount awarded depending primarily on financial need. Whichever
form it takes, mandatory family provision is both a protection
against disinheritance and also, therefore, a restriction on
testamentary freedom. The volume focuses on Europe and on countries
influenced by the European experience. In addition to detailed
treatment of the law in Austria, England and Wales, France,
Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland,
and Spain, the book also has chapters on Australia and New Zealand,
South Africa, the United States, Canada, the countries of Latin
America, and the People's Republic of China. Some other countries
are covered more briefly, and there is a separate chapter on
Islamic law. The book opens with accounts of Roman law and of the
law in medieval and early-modern Europe, and it concludes with a
comparative assessment of the law as it is today in the countries
and legal traditions surveyed in this volume.
Tristram and Coote's Probate Practice is the definitive work on
probate and is extensively referred to by the Probate Registries.
This new edition, fully updated since the 31st edition and
supplement set, contains up to date, expert guidance on all aspects
of probate procedure and is accompanied by a CD-ROM containing
precedents recommended by Probate Registrars. The text is written
by a team of experts drawn from the judiciary, probate registry and
the Capital Taxes Office and is fully updated to include all new
developments since the 31st edition. The precedents are accepted by
the Probate Registry and come recommended, making this new edition
essential for all practitioners working within this complex area of
the law.
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Kylie Parker; Foreword by Eddie Lees; Illustrated by Dyan Burgess
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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.
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