Download PDF by Bob McKeon: Succession Q&A 3 e (Q & A)

By Bob McKeon

ISBN-10: 1859416217

ISBN-13: 9781859416211

The purpose of this publication is to supply samples of the categories of questions discovered either initially measure point and on degree classes. This 3rd version has been broadly up-to-date, together with additional introductory notes and new chapters at the nature of wills and the psychological point, formalities, revocation and changes, and intestacy. The specific insurance of family members provision, building and the management of estates has additionally been elevated. The components of mutual and privileged wills, and the turning out to be variety of judgements regarding claims in negligence introduced by means of disenchanted beneficiaries opposed to solicitors, also are integrated.

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Additional info for Succession Q&A 3 e (Q & A)

Sample text

Here it would appear he appreciates the value of his estate save a possible query as to whether he knew the true value of the gift to the golf club. Did he intend to leave the club a high value gift? The third limb of the Cockburn CJ test is one of understanding: did Alan consider the persons one would expect him to consider? The answer here is clearly yes, as he leaves the bulk of the estate to his surviving close relatives. The issue as to capacity here is the discrepancy between wanting to leave the residue equally between May and Ken and the actual result where more is left to May.

Tim says, ‘There is my name at the top’. Bill, Cath and John then sign their names on the back of the paper. Tim has died and Susan is claiming that her father’s estate should be distributed on intestacy. Betty consults you as to the validity of the letter. Advise Betty. Answer plan The question deals with the preliminary point as to the nature of a testamentary document. Thereafter, the question is concerned with the formal requirements for a valid will: in particular, an examination of the position of signature in the light of the revised s 9 of the Wills Act 1837 as amended by s 17 of the Administration of Justice Act 1982 and the interpretation in Wood v Smith (1992).

When he learns of the contents, he is unhappy about the unequal split of the residue. May is anxious to prove the will as soon as possible. Further, representatives of the golf club want the will to be proved quickly as the prints prove to be valuable and the club needs funds to modernise the clubhouse. Advise Ken on the validity of the will. Answer plan The question combines the areas of capacity to make a valid will with the formal requirements in s 9 of the Wills Act 1837. There is the general test as to capacity set out in Banks v Goodfellow (1870) together with the general proposition that the testator must know and approve of the contents of the will.

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Succession Q&A 3 e (Q & A) by Bob McKeon


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