Current Issues in Succession Law

Description

While Continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with currently topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers. Preface Contents List of Contributors Table of Cases Table of Legislation 1. Intestacy Reform
in 2014-Unfinished Business 1. Introduction 2. The Background 3. The 1989 Law Commission Report
and the 1996 Changes 4. The 2005 Consultation Paper 5. The Surviving Spouse's Entitlement-The Law Commission's 2011 Report 6. Some Statistics 7. The Nuffield Survey 8. Hotchpot 9. Void Marriages-Manufactured Intestacy 10. The Inheritance and Trustees' Powers Act 2014 11. Provision for Cohabitants-More Unfinished Business 2. Disquieting Thoughts: Who
Will Benefit When We Are Gone? 1. Introduction 2. From Testamentary Freedom
to the Potential for Challenge 3. Child of the Family 4. Being Maintained 5. The Standard of Provision 6. Evaluating the Categories of Claimants 3. How Does the Common Law
Forfeiture Rule Work? 1. Introduction 2. The Constructive Trust Model 3. 'Killer Obtains No Rights' Model 4. Problematic Situations 5. Conclusion 4. Proprietary Estoppel: Undermining
the Law of Succession? 1. Overview 2. The Thesis to Be Examined 3. Specific Concerns 4. Final Thoughts 5. Explaining the Mutual Wills Doctrine 1. Introduction 2. Difficulties in the Present Understanding 3. The Qualified Interest (QI) and
Absolute Interest (AI) Analyses 4. Explaining the Operation of the Analyses 5. Two Distinct Rationales 6. Mutual Wills and Other Constructive
Trusts Doctrines 7. Conclusion 6. What's in a Will?-Examining
the Modern Approach Towards
the Interpretation and Rectification
of Testamentary Instruments 1. Introduction 2. How Are Wills to Be Construed? 3. Is Rectification Dispensable in the Light of the Modern Canon of Construction? 4. Which Comes First: Interpretation
or Rectification? 5. Does Rectification Presuppose the Existence of a Valid Testamentary Instrument, and What Is the Role of the Testator's Knowledge and Approval? 6. Do English Courts Have an Innate
Power to Rectify Wills? 7. The Way Forward 7. Capacity and Want of Knowledge and Approval 1. Introduction 2. Testamentary Capacity 3. Want of Knowledge and Approval 4. Overall Conclusions 8. Reversing Testamentary Dispositions
in Favour of Informal Carers 1. Introduction 2. Testamentary Gifts in Favour of Carers and the Range of Challenges to Them 3. Carers and Testamentary Undue Influence 4. Conclusion 9. What Is Left of the Non-Delegation Principle? 1. Introduction 2. The Non-Delegation Principle
in the House of Lords 3. Subsequent Treatment
of the Non-Delegation Principle 4. What, If Anything, Is Left
of the Non-Delegation Principle? 5. Conclusion 10. Pension Death Benefits: Opportunities and Pitfalls 1. Introduction 2. Using Pension Schemes to Transfer
Wealth on Death 3. The Distribution of Pension Death Benefits: Potential Problems 4. The Elusive Nature of Pension Nominations 5. Non-Binding Pension Nominations:
Advantages and Problems 6. The Australian Experience: Some Lessons? 7. Conclusion 11. Estate Planning for Businesses 1. Overview 2. Basic Conditions 3. Some Oddities 4. Estate and Succession Planning
with Business Property 5. Conclusions and the Future Index