Theobald on Wills 17th ed

Wildy's Book of the Month: January 2011

The new 17th ed of Theobald on Wills contains an unrivalled blend of academic comment and practical advice on the most recent case law, legislation both domestic and European, and authorities affecting all aspects of the law of Wills. Many recent developments are discussed in detail, including the following:-

• The effect of the Mental Capacity Act 2005 and recent caselaw on testamentary capacity
• Review of recent cases concerning want of knowledge and approval
• Recent European and domestic caselaw concerning choice of and conflicts of law
• Updated advice on and discussion of family provision
• Caselaw on the admission of extrinsic evidence as to construction
• Problems arising from and solutions to professional negligence in drafting and executing Wills
• The impact of the Perpetuities and Accumulations Act 2009
• An overview and full discussion of recent developments in the law relating to constructive trusts and proprietary estoppel
• The impact of the Charities Act 2006 on charitable dispositions in Wills, and recent cases
• A fully updated section on the construction of Wills, including analysis of the Privy Council opinion in Sammut v Manzi regarding the effect of punctuation and sub-paragraphs on interpretation, and discussion of the possible effect of The Human Rights Act.

The authors have included cross-references where appropriate to the publisher's looseleaf service Practical Will Precedents to Drafting Trusts and Will Trusts by James Kessler, and to Brighouse's Precedents of Wills. The text is therefore both academically rigorous and practically illuminating.