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Wills: A Practical Guide (Paperback, 2nd Revised edition)
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Wills: A Practical Guide (Paperback, 2nd Revised edition)
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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.
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