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Statutory Will Applications by Richard Williams,Sam McCullough Pdf
Statutory will applications becoming increasingly common, this trend is expected to continue given potential benefits they provide as remedy to of loss of testamentary capacity. Comprehensive guide considers approach taken by Courts of various Australia jurisdictions, explains process, considerations involved in preparing & opposing application.
A Practical Guide to the Law of Statutory Wills by Alex Troup Pdf
A statutory will is a will (or codicil) executed by a third party with the authority of the Court of Protection on behalf of an adult person who lacks capacity to make a will himself. A Practical Guide to the Law of Statutory Wills applies a practical and user-friendly approach to the subject of statutory wills. It takes the reader through the relevant legal principles using clear and simple language, including all the latest developments and case law. It provides a step-by-step guide through each stage of making an application for a statutory will, including examples where appropriate to assist the reader. It incorporates specific sections on applying for statutory wills in a medical emergency, the effect of statutory wills where there is an international element, and negotiating compromises of statutory will applications. It will be essential reading for anyone (whether lawyer, other professional person, or layman) who is considering making, or finds themselves involved in, a statutory will application. ABOUT THE AUTHOR Alex Troup is a barrister who practises from St. John's Chambers, Bristol. He specialises in the law of succession, trusts and Court of Protection matters, and is ranked as a "star individual" for chancery matters in Chambers UK. He also has a busy practice as a mediator and is on the panel of approved mediators for the Court of Protection Mediation Scheme.
The Creation of Wills by Alberta Law Reform Institute Pdf
This final report made by the Alberta Law Reform Institute (ALRI) on the creation of wills makes a number of possible recommendations for reform of the Wills Act. Areas covered include dispensing power regarding wills by the courts; testamentary capacity of minors; statutory wills for persons without testamentary capacity; oral and electronic wills; exempt wills; holograph wills; and will formalities regarding format, as well as witnessing. The summary of these recommendations include the following: a court should be able to validate a will if a person makes a reasonable but imperfect attempt to meet the requirements for creating a will; the age of testamentary capacity should remain at 18 years, subject to the current statutory exceptions allowing a minor to make a will if the minor is married, partnered, a parent or serving in the Canadian Forces; a court should be able to validate a will for any minor who applies for approval of the terms of a specific will; a court should not be able to create a will for a person who has lost their mental capacity to make or change a will; there should continue to be special rules for military wills; a will must still be signed at its end or foot, subject to the current statutory saving provision; and finally, where an inheritance is lost because the beneficiary was also a witness to the will, a court should be able to validate the gift if there was no improper or undue influence on the willmaker.--Includes text from document and publisher's website.
A Practitioner's Guide to the Court of Protection by Martin Terrell,Caroline Bielanska,Justin Holmes,Richard Frimston Pdf
Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: - The Court of Protection Rules 2017 - Case management pathways - Welfare and Deprivation of Liberty - Private international law - The practical application of the Mental Capacity Act 2005 - Lasting and Enduring Powers of Attorney - Case law, practice and procedure of the Court of Protection - Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.
Landmark Cases in Succession Law by Brian Sloan Pdf
The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Modern Studies in Property Law - by Warren Barr Pdf
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Succession, Wills and Probate by Caroline Sawyer,Miriam Spero Pdf
Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
Lewis and Buchan: Clinical Negligence – A Practical Guide by Andrew Buchan Pdf
Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)
Handbook on Statutory Interpretation by Stéphane Beaulac Pdf
This book offers readers concise and user-friendly tools to help articulate the most powerful arguments to identify the legislative intent found in the statute. It provides: examples and illustrations from across Canada's federal and provincial jurisdictions; detailed analysis of the key judicial decisions and a table of cases that practitioners in particular will find extremely valuable, as well as a reproduction of both the Interpretation Act (Canada) and Interpretation Act (Quebec).
Author : The British Medical Association Publisher : The Law Society Page : 368 pages File Size : 47,6 Mb Release : 2015-12-08 Category : Law ISBN : 9781784460396
Assessment of Mental Capacity by The British Medical Association Pdf
Doctors, lawyers and other professionals often need to make an assessment of a person's mental capacity. This book helps to support these professionals by giving them a fuller understanding of the law in all situations where an assessment of capacity may be needed, clarifying the roles of professionals and providing an aid to communication both between them and with the person being assessed.Written by experts from a variety of disciplines, Assessment of Mental Capacity combines a precise statement of the law with a practical, jargon-free approach to provide guidelines on a range of issues, from capacity to form intimate personal relationships, to capacity to consent to medical treatment. The fourth edition has been updated and expanded to take account of:- recent case law and current good practice- revision of the Mental Health Act 1983 Code of Practice- the rising prominence of the United Nations Convention on the Rights of Persons with Disabilities.It provides an essential source of guidelines and information, including extracts from Mental Capacity Act 2005 and the Code of Practice, and is an indispensable tool for health and legal professionals.
The Court of Protection Made Clear by Claire Wills-Goldingham,Marie Leslie Pdf
The essential, plain English guide to Court of Protection law & practice. Court of Protection Made Clear: A User's Guide aims to help everyone involved in Court of Protection proceedings. The book deliberately sets out to bridge the gap between the people using the Court and the professionals who advise them so that all involved can make fully informed decisions about money and welfare at what can be a stressful time. Using plain English, it demystifies the law, language and procedure and is enhanced by a raft of invaluable flowcharts, tables and model documents that help put the guidance into practice. While accessible to the non-lawyer the book also provides the professional legal adviser with a quick, clear first point of reference. It will therefore be an essential reference for all: care home managers and senior staff local authority staff working in elderly care services other professionals acting as deputies or advising on family affairs individuals who have become involved in Court of Protection proceedings for whatever reason private client & family lawyers undertaking Court of Protection work
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 42,9 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
How To Make Your Own Will 4th Edition by Gordon Bowley Pdf
This invaluable book really will enable you to prepare your own will. It will alert you to the many and broad ranging matters you should consider, and covers factual and legal requirements and technicalities in language that the lay-person can understand. Author, Gordon Bowley, draws on his thirty years as a family solicitor to suggest the best and most effective ways of ensuring that your estate is easy to deal with by those you leave behind and that it goes to those who you want to benefit. This revised and updated 4th edition includes changes in recent legislation and case law. It includes: - Advice on choosing executors - Specimen forms, sample wills and sample clauses - A glossary clearly explaining any necessary legal terms - Guidance on inheritance tax and tax saving in your will - Information on Living Wills and Powers of Attorney
Financial Abuse of Older Clients: Law, Practice and Prevention by Ann Stanyer Pdf
As the only practitioner title with detailed practical guidance and advice in this area, this is a comprehensive work written by a private client solicitor who has 30 years' experience of practice, and is a regular speaker at conferences on the subject. No professional faced with this ever-increasing area of law, should be without it. It enables solicitors and other professionals to be more proactive in protecting their older clients. It describes the rise in financial abuse, explains how to spot warning signs, provides awareness of various elements of legal protection and demonstrates that change is needed in the current system. Topics covered include: - Financial abuse issues for care homes (new to this edition) - Grooming for financial abuse (new to this edition) - Who is vulnerable to financial abuse? - Who are the perpetrators and why? - The forms financial abuse takes - How to prevent financial abuse The Second Edition also includes: - Statistics showing the prevalence of financial abuse - Commentary on recent case law, legislation and industry reports including: - Section 76 of the Serious Crime Act 2015 – coercive control legislation - Banking and financial services - Review of HMLR protections for property owners - Review of all OPG and COP recent guidance and practice notes - Updated information about care allowance rules - Case law on retrospective approval of gifts - Discussion of a deputy's authority to litigate It also covers cases with issues particular to jurisdictions such as the Republic of Ireland, USA, Scotland, Wales and Northern Ireland.
