Hierdie is die vyfde uitgawe van die boek wat vir die eerste keer in 1992 as 'n relatief bondige teks, spesifiek gemik op studente in die erfreg, verskyn het. Die boek het egter deur sy opeenvolgende uitgawes tot 'n meer algemene bron vir die Suid-Afrikaanse erfreg ontwikkel. Tog is dit deur sy aanslag, aanbiedingswyse en sistematiek steeds ideaal om ook as handboek in erfregkursusse gebruik te word. Die huidige weergawe poog weereens om aan die leser 'n omvattende oorsig oor die verskillende fasette van die erfreg te gee, met inagneming van die jongste ontwikkelings wat hierdie regsgebied beinvloed het.

The fate of the dead is a compelling and emotive subject, which also raises increasingly complex legal questions. This book focuses on the substantive laws around disposal of the recently deceased and associated issues around their post-mortem fate. It looks primarily at the laws in England and Wales but also offers a comparative approach, drawing heavily on material from other common law jurisdictions including Australia, New Zealand, Canada and the United States. The book provides an in-depth, contextual and comparative analysis of the substantive laws and policy issues around corpse disposal, exhumation and the posthumous treatment of the dead, including commemoration. Topics covered include: the legal frameworks around burial, cremation and other disposal methods; the hierarchy of persons who have a legal duty to dispose of the dead and who are entitled to possession of the deceased's remains; offences against the dead; family burial disputes, and the legal status of burial instructions; the posthumous use of donated bodily material; and the rules around disinterment, and creating an appropriate memorial. A key theme of the book will be to look at the manner in which conflicts involving the dead are becoming increasingly common in secular, multi-cultural societies where the traditional nuclear family model is no longer the norm, and how such legal contests are resolved by courts. As the first comprehensive survey of the laws in this area for decades, this book will be of use to academics, lawyers and judges adjudicating on issues around the fate of the dead, as well as the death industry and funeral service providers.

Risk and Negligence in Wills, Estates, and Trusts provides essential guidance for all will draftsmen. It offers in-depth analysis of negligence and wills, together with commentary on safe practice and the avoidance of risk. Together the areas covered provide a framework for the safe practice that is now essential in this much disputed area of work. This updated edition examines the new developments in will preparation and what is needed for safe practice as well as the important cases since the last edition. This work contains indispensable practical guidance, tailored to meet the demands of all those involved in wills, trusts, and estates and disputes relating to them. Practical advice in establishing best practice to avoid disputes is given and the appendices include practical forms and checklists to assist this. In addition there is analysis of the allied subjects of estate and trust administration and commonly encountered problem areas. A section also concentrates on duties in relation to taxation aspects of this work. Negligence and private client work is a fast developing area of modern law. The recent financial crisis has helped to focus attention closely on what risk is and how it should be managed. This has not merely been in the financial sector but in all areas of business. The legal profession has seen some major financial failures and an operating climate that is increasingly difficult. The rise in PI claims, the insurers' restrictions on cover, and the increased cost of cover have led to an increased focus on professional ability and risk management. Therefore, knowledge of the risks, what constitutes safe practice, and how to manage risk, are essential for anyone practising in this area.

Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.

Erfreg in Suid-Afrika bied n ryke bron van, asook n lewendige en toeganklike inleiding tot, die beginsels van die erfreg. Deur die gemeenregtelike, statutere, grondwetlike en verbandhoudende gewoonteregtelike komponente van die erfreg saam te snoer, verskaf hierdie werk alle noodsaaklike gegewens binne die bestek van een omvattende bron. Dit is op die leergang van die voorgraadse LLB-kursus toegespits, om as n deeglike en leersame oorsig van al die belangrike onderwerpe van hierdie dissipline te dien. Dit dek die nuutste regspraak en ontwikkelinge, soos: die Civil Union Act 17 van 2006, die Reform of Customary Law of Succession and Regulation of Related Matters Act 11 van 2009, die uitspraak van die Konstitusionele Hof in Hassam v Jacobs waarin daar erkenning verleen is aan weduwees uit poligiene Moslemhuwelike se reg om intestaat te erf. Erfreg in Suid-Afrika het verskeie eienskappe wat dit nie alleen vir studiedoeleindes waardevol maak nie, maar ook d aarop toegespits is om n onafhanklike, kritiese en denkende omgang met die vakgebied te bevorder. Die boek is ook n nuttige bron vir regspraktisyns wat opheldering verlang oor nuwe ontwikkelinge binne, of wesenlike beginsels van, die erfreg.

A practical, empowering guide to navigating your partner's diagnosis of a terminal or life-limiting illness, or death. Receiving the news that your partner has a terminal or life-limiting illness, or has died unexpectedly, is among the worst experiences in life. At a time when you are least able to cope, you are faced with a multitude of difficult decisions, some of which must be made quickly. What you need is a friend who has experienced everything you are about to face, who can support you as you navigate some tough, important choices. This book is that friend. There is plenty of information out there but where to start looking? What information is needed and how can it be accessed? What decisions are essential in the immediate term and what can be left until later? Throughout the book, the emphasis is on protecting and supporting those left behind by presenting almost every choice you may need to make and the possible implications of each decision. You will learn: - The importance of creating a will, arranging power of attorney, organising advanced decisions of treatment, and even getting married or entering a civil partnership - What you are entitled to from the state, the NHS and your employer - How to stabilise your finances and prepare to run a household alone - Where your partner ought to be during treatment and/or palliative care, and how to go about achieving this - Which decisions need to be made after death, from planning the funeral to accessing your partner's estate - How to navigate the grieving process and take control of a happy future No matter where you are in the process, How to Survive Losing a Loved One is a comprehensive, practical and empowering guide to coping with your partner's terminal illness and death, and building the next chapter in your life.

This book is the first extensive treatment of deathbed gifts in English law to be published. Such gifts are sometimes made by donors who, when facing impending death, transfer their property conditionally on death. It is a fascinating area of the law containing rules which have their origins in Roman Law, and which have continued to be been developed in modern law combining aspects of the laws of succession, trusts and personal property. Deathbed Gifts provides a detailed exposition and analysis of the current rules. It also traces the origins of the law and examines its continued development by the courts. The subject is represented by a rich case law including recent Court of Appeal decisions; a comprehensive summary of the case law is included.

The leading textbook on the law of succession for over 70 years, Parry & Kerridge on the Law of Succession provides the detail required for a full understanding of the subject. This work covers not only wills and intestacy, but also probate and administration of estates, and has been thoroughly updated for the 13th edition to incorporate all key case and legislative developments. NEW TO THIS EDITION #The Inheritance and Trustees# Powers Act 2014, amending both the law of intestacy and family provision #New case law including Marley v Rawlings, rectification of a switched will; Thornerv Major, Henry v Henry, Bradbury v Taylor and Suggitt v Suggitt, proprietary estoppel; Barrett v Bem, attestation; Baynes v Hedger, family provision, living together as civil partners; Ilott v Mitson, family provision for an estranged adult daughter; Re Key and Simon v Byford, capacity; Re P, statutory wills and #best interests# under the Mental Capacity Act 2005; Perrins v Holland, the rulein Parker v Felgate; Gill v Woodall, knowledge and approval; Re Servoz-Gavin, a sailor#s oral will; Court v Despallieres, revocation of a will by formation of a civil partnership; Rawstron v Freud, secret trusts; Fry v Densham-Smith, mutual wills; King v Chiltern Dog Rescue, donationes mortis causa; Day v Royal College of Music, the rule in Strong v Bird; Re Erskine, the effect of the Human Rights Act 1998 on construction #More discussion of #suspicious wills# (wills in the making of which beneficiaries have been involved); expanded chapter on Duty of Care and the risk of negligenceactions against will draftsmen

Konflikte im Zusammenhang mit dem Themenkomplex Erben und Vererben sind unumganglich und Alltag in der Praxis des erbrechtlich tatigen Anwalts. Fur Erblasser kann sich nun die Frage stellen, ob die Aufnahme einer Schieds- oder Mediationsklausel in die geplante Verfugung von Todes wegen die Entstehung von Konflikten vermeiden oder reduzieren kann. Ebenso ist fraglich, ob die Erben oder Vermachtnisnehmer uberhaupt verpflichtet werden koennen ihren erbrechtlichen Streit durch ein Schieds- oder Mediationsverfahren beilegen zu mussen. Bei der Beantwortung dieser Fragen muss zuerst der erbrechtliche Konflikt naher betrachtet werden und anschliessend versucht werden, die Schieds- und Mediationsklausel rechtsdogmatisch einzuordnen. Nur so ist es moeglich, diese im System des Erbrechts zu platzieren und die Fragen nach der Rechtswirksamkeit einer letztwilligen Schieds- oder Mediationsklausel zu beantworten.

Das Buch befasst sich mit einem Teilbereich der Rechtsnachfolge in Familienunternehmen. Das Bestimmungsvermachtnis gibt dem Erblasser die Moeglichkeit, in seinem Testament einen Kreis von Vermachtnisnehmern zu benennen und die endgultige Bestimmung des Vermachtnisnehmers und Unternehmensnachfolgers nach seinem Tod auf einen Dritten zu ubertragen. Auf diese Weise erlangt der Erblasser die Moeglichkeit, dass auch nach dem Erbfall eintretende Umstande bei der Rechtsnachfolge in das Unternehmen Berucksichtigung finden koennen. Im Zentrum der Untersuchung steht die Frage, welche Rechte das Bestimmungsvermachtnis den beteiligten Personen vermittelt und wie der Erblasser durch eine gezielte Testamentsgestaltung Einfluss auf die jeweiligen Rechtspositionen nehmen kann, um eine moeglichst sachgerechte Nachfolgeplanung sicher zu stellen.

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.

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.

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 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!

Do You Want To Create Your Will But Have No Idea How To?
Are You Aware Of How Important A Will Is?
Know That Life Is Incredibly Uncertain And You Never Know What Happens?
Wills are something of a mystery to many people. I know many people who avoid this topic because they think that it is a taboo to talk about writing a Will while they are still healthy. However, you should be very cautious about saying this because you never know what would happen.
The Importance Of Will Writing Will writing has gained increased importance because many people now understand how troublesome it would be for their loved ones if they were to suddenly pass away. Imagine if you are the sole breadwinner in your family. What happens if you suddenly pass on? It would be difficult for your entire family. You have to consider estate planning, wills and trust as early as possible to ensure that your loved ones are protected. Will writing is something you definitely need to consider immediately. In Why Anyone Should Have A Will and The Dangers Of Not Having A Will, you learn exactly why having a Will is so important. You also learn the other purposes of creating a Will in The Purpose Of Drawing Up A Will. Having a Will is more than just protecting your loved ones. There are untold benefits for you too.
How To Write A Will You can write your own will With the proper knowledge, you can write one by your own. In Will Writing - How To Write A Will Easily, you would learn the basics of will writing. It covers many areas like What A Will Would Generally Contain and The Basics Of Will Writing. These chapters allows you to know what a Will should contain. You also learn how to review and update your Will, if needed.
Not Only About How To Write A Will, You Also Need To Ensure It Is In Safe Custody Writing your Will is only one part. You still need to ensure that you keep the Will in a safe place and to tell the right people. In Ensure That The Will Is In Safe Custody, you learn who to tell and where to keep your Will. You also know how to use Professional Will Custody Services.
The Personal Representatives - Executor, Beneficiaries, Trustees "Do you know what an executor, beneficiary and trustee is? " They are all important people in a Will. You have to choose them well. This guide would show you how to choose them, create a checklist and write a Will. In In The Event Of Death, you also learn what to do in different situations - the detailed procedures for each situation of death. In the final chapter, you have an excellent resource guide on the forms available for different estate planning and Wills purposes.
Why You Should Prepare A Will As Fast As Possible? From experience, it can be said that life is a very uncertain journey. We all have loved ones which we want to ensure are safe from any contingency. Wills help us with it. Wills are the cheapest form of financial planning in the market. Although lawyers/attorney's fees are very expensive, with the right knowledge (from this book), you can definitely start to plan your Will now. Don't wait... You might only regret it. Will Writing - How To Write A Will Easily helps kickstart your financial plan for your loved ones.

This new edition has been extended to include chapters on the Czech Republic, Gibraltar, Indonesia, Luxembourg, and the Phillipines, making this the most comprehensive analysis of succession laws available. Each country analysis is based on a similar set of questions to ensure that all issues are tackled for every jurisdiction and to enable the reader to make easy comparisons between the countries included. The questionnaire has been updated to include a new section on challenges to an administrator's decision, and extends the section on inheritance orders to address the interaction of trusts and forced heirship. The book also considers the law at regional level in the European Union explaining the effect of recent EU legislation with regard to harmonization, and considering the impact of the European Succession Regulation post-implementation. Now covering 56 jurisdictions, this work is an invaluable reference source for those advising on matters of international succession, especially in cases where there are cross-border elements.

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.