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Preface

Document Cited authorities 1 Cited in Related
Vincent
AuthorLesley King/Peter Gausden
Pages17-18
Preface

‘The wreck of the Testator’s estate is already total, there can be nothing left in it for anyone’, per Sir Andrew Morritt in Perrins v Holland and others [2010] EWCA Civ 840 at [37].

Litigation over disputed wills is sadly on the rise. The costs of such litigation can, as Sir Andrew Morritt said, easily swallow up the whole of modest to moderate estates. Just as bad as the financial waste are the irreconcilable rifts and misery that bitter family disputes can cause.

This book explains what is involved in making a will, with particular reference to avoiding those issues which often give rise to litigation. It is intended for people who know a little about making wills, but need to know more. Our hope is that it will help readers avoid costly mistakes.

The book is a concise guide to what is involved in making a will. It is not a precedent book as we assume readers will have access to a suitable bank of precedents once a decision has been made as to the provisions required. However, the text is supported by many examples of typical precedent clauses which we hope will be useful as illustrations of the points made in the text.

We have provided a description of the law and practice of will making and described what wills can do – and also what they cannot; for example, there is a section describing property that people often believe can be left by will but which, in fact, cannot.

This is a practical book and the focus is on avoiding problems and on best practice.

To that end we have included sections on testamentary capacity and related issues, particularly those involving the elderly, which may affect the validity of the will.

There are also sections on aspects of will making which often cause problems for practitioners, including...

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