Williams, Mortimer and Sunnucks provides in-depth guidance to the law of probate and the administration of estates after death. It is considered in the market to be one of the leading authorities on the subject offering an in-depth analysis of the law and how it applies in practice.
This title offers solutions to the most complex problems through authoritative analysis of the law and how it has been applied by the courts. It covers the grant of probate and of administration, non-contentious and contentious practice, devolution and liability, and the administration and distribution of assets, so that you are up to date on every aspect of the process of probate.
The authors, John Ross Martyn and Nicholas Caddick QC, also explain the implications of case law developments, including important decisions on testamentary capacity, knowledge and approval, undue influence, due execution, and costs.
This 20th Edition deals with foreign assets, and includes private international law as it affects personal representatives, so that you can be prepared to deal with any circumstance.
NEW EDITION HIGHLIGHTS:
- 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
- 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
- Re-written and developed chapter on Inheritance Tax
- Private international law as it affects personal representatives, and the foreign element generallyReference 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
- An explanation and discussion of the very important recent statute concerned with wills and the administration of estates, the Inheritance and Trustees’ Powers Act 2014.
- An explanation and discussion of two other statutes relevant to wills and administration, the Trusts (Capital and Income) Act 2013, and the Presumption of Death Act 2013.
- The texts of the relevant parts of those statutes. Also the texts of the addition to CPR 57, and of Practice Direction 57B, concerned with the Presumption of Death Act.
- Consideration of Marley v Rawlings, the recent case on the construction of wills and their rectification, which is the first case to reach the highest court in the land for many years. One of the editors of the supplement, Alexander Learmonth, was counsel in the case.
- References to the new draft Probate Rules, which are expected to come into force in the near future.
- A new chapter on dealing with digital information in the administration of estates.
To be as clear as possible, this title reproduces all relevant legislation, rules, orders and forms, as well as following the chronological process of probate and administration, so that you can come to the conclusions you need quickly and easily.