The seventh edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate, and the administration of estates. The manual takes into account all recent changes in legislation. The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background, and enabling them to draft wills and simple trusts in accordance with statute and their clients' informed instructions. It then outlines how to obtain the necessary grant of representation on the death of a client, either with or without a will, and how to administer such an estate, taking into account the various obligations on the personal representative. Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate, or the administration of estates.

The revision of the introduction to inheritance law offers among other things up-to-date information on the forthcoming legislative reform of the inheritance law, the law of limitation of claims, decisions from the constitutional court on testamentary freedom ("Hohenzollern") and on the right to a compulsory portion and provides information on inheritance law developments in European law. The commentary on A1922 focuses on the interfaces between inheritance law and company law and legal succession in public law positions. Succession in accordance with the law of life partnerships is also shown under statutory succession. The latest case law on transitional social security regulations is also taken into account in the context of rights to disclaim an estate. The new fees law for the curators of estates is also explained.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father's permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women's inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana's jurisprudence.

The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.

A trust and estate lawyer to the stars offers an engaging look at how to avoid numerous estate planning mistakes

In The 101 Biggest Estate Planning Mistakes, author Herbert Nass, an estate planner for some of today's most famous celebrities, offers an entertaining look at what not to do when setting up an estate plan, or administering an estate. By examining the mistakes made by some of the most well-known celebrities-from Bob Marley to John F. Kennedy, Sr. and Jr.-this book will guide readers toward making a successful estate plan and help them avoid many common pitfalls. Chapters cover such topics as: mistakes involving tangible personal property, real estate, executors and trustees, minors, or persons with disabilities; as well as disgruntled family and friends left behind.Puts estate planning in perspective through entertaining examples of mistakes celebrities have made in developing their own plansTaps into the voyeuristic interest we have in the lives of the rich and famousOffers an insider's look at many fascinating wills of the rich and famous

Given the emotional, financial, and legal issues that arise from the death of a loved one-and the substantial assets that are transferred from one generation to the next at this time-understanding estate planning is essential. This book will put you in a better position to make more informed estate planning decisions.

This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including: * removal of executors and trustees * probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence, and fraud and forgery * sham trusts and foundations * Inheritance Act claims * interpretation and rectification of wills * beneficial interest and proprietary estoppel claims. In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the CPR, the author gives an account of costs management, and considers all ADR options. Practitioners will also benefit from contributions from Dr Hugh Series on mental disorders, and from Ellen Radley on forensic examination of handwriting and questioned documents. The concise appendix contains helpful precedent letters, pleadings and orders, which are also included on the accompanying CD-ROM.

All the basics that students need to know about succession in Scots law
What happens after you die? You can't take it with you, so succession law governs how your property is passed on after your death. Succession Law Essentials teaches you all you need to know about the Scots laws of succession, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more.
Summary sections of Essentials Facts and Essential Cases will help you to identify, understand and remember the key elements. When you're revising for your exams, the tables of cases and statutes will help you to find the page you're looking for quickly and easily.

"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." -Dr. Phil, from his foreword It is no secret that we are living in an increasingly litigious society. What may come as a surprise, though, is that we are far more likely to be involved in a costly legal dispute with a former loved one than we are with a stranger. In Love and Money, Ann-Margaret Carrozza will help you to easily understand and implement essential legal strategies to prevent you from doing legal battle with someone you once shared Thanksgiving dinner (or a pillow) with. Through an engaging narrative, including amusing cautionary tales, readers will learn how to utilize contracts to identify and avoid costly relationship landmines, reduce pet peeves, and create a joint mission statement, all the while ensuring that one's wealth and values are transmitted to future generations. Love and Money demystifies many legal structures, including: Prenuptial agreements Postnuptial agreements Cohabitation agreements Love contracts Wills Trusts Powers of attorney Healthcare advance directives After learning how to erect legal barriers against external wealth destroyers and evildoers, the focus of the book moves to internal wealth destroyers. Readers will learn how to identify and combat internal wealth repellants such as low self-esteem, fear, and stress. Becoming and remaining wealthy requires more than just money. This book provides a unique education about the interrelated nature of the internal and external laws of wealth and how to put them both to work for stronger relationships with one's finances and loved ones.

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.

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.

This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style. It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator's capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court's decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required. The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems. There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists. 'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.

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.

'Digital Assets and Probate: A Practitioner's Guide' is an ideal companion for the busy probate practitioner who needs a better understanding of digital assets when advising clients, drafting wills, or administering estates. Written in an accessible style, it is a useful reference for both new and experienced probate practitioners, dealing with issues such as: - What is a digital asset? - Who deals with digital assets in probate situations? - How does inheritance tax apply to digital assets? - What happens if you ignore the digital aspects of a client's estate? - What steps should be taken to secure digital assets post-death? - What should clients be asked about their digital assets and behaviours, and what should not be asked? The author looks at a range of subjects in the context of probate, from social media and the taxation of crypto-currencies to digital executorship and securing digital devices. The mitigation of risks to solicitors and legal representatives is also considered. This book also provides the practitioner with draft clauses, precedents and a sample digital assets questionnaire for clients. It contains a useful glossary of relevant terms which are commonly encountered in practice.

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.

Second to none in critical legal information for enhancing the results of charitable fund-raisers in the new millennium

As the competition for gifts grows increasingly intense in the new millennium, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return. Written by the leading legal authority on the law regulating charitable fund-raising, this companion to the indispensable First Legal Answer Book for Fund-Raisers provides more accessible approaches to understanding federal and state laws and offers additional solutions to enhance an organization’s wealth and effectiveness. Bruce Hopkins clearly explains to fund-raisers the pertinent aspects of the law, enabling them to dramatically increase funding without legal missteps. He also thoroughly details the steps needed to solve the fund-raiser’s most pressing legal headaches, including the troublesome intermediate sanctions rules, property valuation issues, the gift substantiation rules, disclosure requirements, estate planning, the securities and antitrust laws, IRS audits, and much more.

This book provides critical answers to fund-raisers’ questions such as:

• How do the intermediate sanctions rules apply to fund-raisers?
• What are the rules as to property valuation?
• How do the gift substantiation and quid pro quo contributions rules work?
• What disclosure rules apply?
• What rules apply to auctions and other special events?
• What should the fund-raiser know about estate planning?
• How do the postal, securities, and antitrust laws apply?
• How does the IRS audit fund-raising?
• What are the major changes in the law since publication of The First Legal Answer Book for Fund-Raisers?

With its comprehensive coverage of the legal issues that charitable organizations engaging in fund-raising face, The Second Legal Answer Book for Fund-Raisers, combined with The First Legal Answer Book for Fund-Raisers, is a powerful resource–and first-choice reading that every fund-raiser must have.

www.wiley.com/nonprofit

Williams on Wills has long been recognised as the leading text in the area of wills. Considered to be the definitive practitioner textbook, the new edition has been fully revised and updated for 2021. As always, the title will consist of two volumes, the second of which comprises an extensive collection of gold standard precedents both for complete wills and clauses used in wills, also included on a CD in Word format ready to edit and use in practice. Included in this new edition - Vol. 1: * Case law updates since the last supplement in 2018; * Additional commentary on digital assets; * New commentary on the Covid attestation rules. Vol. 2: * New RNRB precedents added where appropriate, including 2-yr, 2-day spousal interest in possession * New precedent wording for a 'Covid attestation' clause; * Discussion of Brexit.

Several Member States of the European Union have concluded treaties and conventions with Third States dealing with questions of succession law in cross-border matters. Some of these treaties originate from the beginning of the 20th century and are outdated. The European legislator, however, cannot supersede these treaties and conventions unilaterally with its regulations, in fact they enjoy priority over the European Succession Regulation. The harmonizing effect of European private international law is hence endangered, the more so, as these treaties and conventions often cover large groups of third State nationals in the respective Member State. This book analyzes the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with third States, both from the European and the third State perspective. It evaluates the impact of these treaties and conventions on the functioning of the European Succession Regulation and the possibilities to facilitate the interplay between these instruments and European private international law.

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.