Williams' Law Relating to Wills

ISBN 13: 9780406001368

Williams' Law Relating to Wills

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9780406001368: Williams' Law Relating to Wills
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This second (cumulative) supplement includes all cases and statutory and other material relevant to the text that have appeared since the publication of the sixth edition. Since the publication of the first supplement to the sixth edition there have been no statutory changes of the importance of the Family Law Reform Act 1987 (which is carried forward into this supplement from the first supplement), but the Children Act 1989 has altered the law of guardianship and the Human Fertilization and Embryology Act 1990 will affect words descriptive of relationship in certain rather specialized circumstances. These legislative changes are noted where relevant and the relevant parts of these statutes are included. The changes made by the Children Act 1989 to the law of guardianship have consequences for the drafting of wills, and there is a full note on this in relation to the relevant part of Volume 2. There are other new notes relating to Volume 2 which are included in response to drafting points raised by users of the work. There are no significant fiscal changes reported that have consequences for will drafting, although this supplement contains material on taxation brought forward from the first supplement. The Law Commission have published their Report No 187 on distribution on Intestacy and these proposals have been noted where appropriate. No legislative steps have been taken to date to implement the recommendations, central to which is the proposal that the surviving spouse should take the whole estate on the death intestate of the other spouse. This is a controversial proposal, particularly in relation to intestates who have been married more than once and die leaving children by an earlier marriage. The Commission also propose the introduction of a new category of applicant under the Inheritance (Provision for Family and Dependants) Act 1975 to cover co-habitants. The significance of this proposal has been illustrated by the recent decision of the Court of Appeal in Bishop versus Plumley, where the vexed question of what amounts to "full valuable consideration" under s.1(3) of the 1975 Act was considered. There have been several important cases reported on wills and succession since the first supplement was prepared. In "Re Adams" revocation by obliterating the signatures and other parts of the will was considered, and a statement in Williams on Wills on the presumption of revocation was referred to with approval. In "Re Beatty's Will Trusts" it was held that a wide power of appointment in a will was not an unlawful delegation of the testator's power to make testamentary dispositions, and a precedent in "Williams on Wills" was referred to as an example of this type of testamentary provision. In Sen versus Headley, the Court of Appeal and the judge at first instance took different views as to whether there could be a valid donatio mortis causa of land. The Court of Appeal decided that there could be, but it must be said that the view to the contrary of Mummery J, the judge at first instance, has much to commend it.

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