Theobald on Wills provides an unrivalled blend of academic analysis and practical advice on the law of wills. It covers every aspect of the subject, from the fundamental principles of will making to a wide range of practical issues and discussion of the latest case law. This new edition:
Significantly expands the treatment of the formal and substantial validity of wills, including a new section on the new Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and new material from Professor Robin Jacoby on pneumonia and hypoxia as potential causes of incapacity.
Contains substantial new material on formal and substantial validity; revocation and revival; incorporation of documents; secret trusts; and the impact of human rights on the interests of children born outside the marriage.
Includes the essential treatment for practitioners on the practice and procedure to be adopted for contentious probate claims and the procedures available for issues relating to the construction and rectification of wills.
Offers guidance on alternative dispute resolution in the context of wills.
Key features:
Explains the fundamental principles of will making, clarifying complex concepts in clear English
Goes through the general principles of construction and the admissibility of evidence
Offers guidance on the interpretation of wills and the meaning of words for the purposes of construing wills
Shows how the courts have interpreted the law through detailed analysis of case law
Identifies problems which may arise in practice and provides possible solutions
Offers advice on procedural matters including the resolution of difficulties by court order and mediation
Covers related topics such as administration of estates and the law of trusts
