Hawkins on the Construction of Wills
Sweet & Maxwell (Verlag)
978-0-421-60900-6 (ISBN)
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When problems arise in the interpretation of wills, there is one work you can rely on for authoritative explanation and practical guidance: the new edition of Hawkins on the Construction of Wills.
It provides you with detailed analysis of the rules of construction, with expert coverage of relevant statutory provisions and case law and explains the procedures for rectification. Individual chapters look in turn at different types of gifts and different categories of beneficiaries, identifying where problems of interpretation or mistakes can occur, the remedies which are available and how they can be obtained.
This new edition takes into account the fundamental changes introduced by the enactment of sections 20 and 21 of the Administrations of Justice Act 1982. The coverage therefore reflects the provision for rectification where there has been a clerical error or a failure to understand the testator's instructions, and the enactment of a new general rule for the interpretation of wills designed to ascertain the draftsman's intention rather than the "correct" meaning of the words.
Amongst other topics the book:
* Explains and analyses the new approach to the construction of wills.
* Covers rectification, the general principles of construction, admissibility of evidence, the date from which a will speaks, particular types of gift, legacies, words descriptive of property, descriptions relative to successive to personality, objects of gifts, rules for ascertaining classes, definitions of 'children' and other terms of relationship, gifts to persons who take concurrently, gifts without words of limitation, disposition referring to heirs, gifts on death without issue, vesting, substitution and survivorship, trusts and trustees, the burden of debts and legacies, appointments under powers.
* Examines, in detail, specific rules of construction in a series of individual chapters.
Hawkins on the Construction of Wills reflects fully the approach which must be adopted when interpreting wills so that the testator's intention is observed.
Rectification of wills. The general principles of construction. The general principles applicable to the construction of wills of testators who die on or after January 1 1983. Gifts to charity in home-made wills: unintended life interests in home-made wills. The date from which a will speaks. Legacies. Gifts of land. Words descriptive of property. Residuary gifts: income of future and contingent gifts. Mistakes in enumeration of legatees. The execution of powers by devises and bequests. Definitions of "children" and other terms of relationship. Gifts to persons who take concurrently: joint tenancy and tenancy in common. The class-closing rules: the rule in Andrews v Partington. Descriptions relative to succession to personalty. Gifts without words of limitation. Dispositions referring to "heirs", "heirs male", etc. Intention to create a trust. Estates tail and entailed interests and gifts "to X and his issue", "to X and his descendants", "to X and his children". Vesting. Substitution and survivorship
| Erscheint lt. Verlag | 21.12.2000 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht | |
| ISBN-10 | 0-421-60900-1 / 0421609001 |
| ISBN-13 | 978-0-421-60900-6 / 9780421609006 |
| Zustand | Neuware |
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