Authors: John Ross Martyn and Nicholas Caddick
Previous Edition ISBN: 9780414024342
Published: June 2015
Publisher: Sweet & Maxwell Ltd
Format: Hardback & Supplement
First published in 1832, Williams, Mortimer & Sunnucks provides definitive guidance on all legal issues relating to personal representatives and the distribution of an estate after death. It offers solutions to the most complex problems in this area through authoritative analysis of the law and how it has been applied by the courts.
This new edition incorporates all recent legislation, including the ongoing impact of the Mental Capacity Act 2005. It also explains the implications of recent case law, including important decisions on testamentary capacity, knowledge and approval, undue influence, due execution, and costs.
The 1st Supplement was published in June 2015 and The Main Work was published in December 2012.
In this new edition:
Further consideration of other aspects of the validity of wills, such as knowledge and approval and undue influence, referring to such recent cases as Gill v RSPCA.
An examination of the principles relating to the costs of probate actions, referring to such cases as Re Kostic and Perrins v Holland.
Thorough updating of the chapters on the Inheritance (Provision for Family and Dependants) Act 1975, with consideration of recent cases including Ilott v Mitson (application by adult child), and the impact of developments in divorce on applications by widows, widowers and former spouses.
A new separate section on private international law as it affects personal representatives, and the foreign element generally.
Discussion of the replacement of the existing Non-Contentious Probate Rules by the proposed new Probate Rules.
General procedural updating, making full use of the knowledge and experience of the Chancery Master and Probate Registrar who give help with the procedural matters covered by the book
Reference to the recent cases on due execution.
Updating of the chapters on the distribution of the estate, and in particular a consideration of how the development of the general law of restitution affects the refunding, following and tracing of estate assets.
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