The Law of Succession Contents
1 Introduction
1.1 What is succession law?
1.2 Key terms in succession law
1.3 Key sources in English succession law
1.4 The historical development of English succession law
2 Testamentary Intention and Capacity
2.1 Age
2.2 Testamentary capacity
2.3 The Mental Capacity Act 2005
2.4 Knowing and approving
2.5 Testamentary intention
2.6 Further reading
3 Formality Requirements for a Valid Will
3.1 Wills Act 1837, s
3.2 Reform of s 9 of the Wills Act 1837
3.3 Exceptions to the formality requirements
3.4 Further reading
4 Example of a Will
4.1 Example will
4.2 Discussion of the will clauses
4.3 Further reading
5 Rectification and Construction of a Will
5.1 Rectification
5.2 Construction
5.3 Further reading
6 Amending Wills, Revoking Wills, Reviving Wills and the Failure of Gifts
6.1 Amending a will
6.2 Revoking a will
6.3 Revocation by marriage
6.4 Revival
6.5 Failure of gifts
6.6 Further reading
7 Mutual Wills
7.1 The requirements for a mutual will
7.2 Problems with mutual wills
7.3 Further reading
8 Intestacy
8.1 Definitions: total and partial intestac
8.2 Administration of intestate estates
8.3 The statutory beneficiaries
8.4 Further reading
9 Personal Representatives
9.1 Two types of personal representatives
9.2 Executors
9.2.1 Appointment
9.3 Administrators
9.4 Chain of executors and administration de bonis non
9.5 Passing over a PR
9.6 Further reading
10 Taxation
10.1 Tax and the PR’s duty to pay it
10.2 Income tax
10.3 Capital gains tax
10.4 Inheritance tax
10.5 Paying IHT
10.6 Further reading
11 Administration I – The Grant
11.1 Events following death
11.2 Estates exempt from a grant of probate or administration
11.3 Grant of probate or letters of administration
11.4 Obtaining the grant
11.5 Revoking a grant
11.6 Further reading
12 Administration II – Calling in the Estate
12.1 Obtaining legal title
12.2 Collecting in the estate
12.3 Realising the estate
13 Administration III – Paying Debts
13.1 Debts
13.2 Solvent and insolvent estates
13.3 Assets
13.4 The PR’s duty to pay debts
13.5 Administrative debts
13.6 Payment of debts in solvent estates
13.7 Payment of debts in insolvent estates
14 Administration IV – Distribution
14.1 Distribution
14.2 Assents
14.3 Types of gifts
14.4 When does the PR become a testamentary trustee?
15 The Family Provision Rule
15.1 Testamentary freedom
15.2 The Inheritance Act
15.3 Inheritance Act process
15.4 Inheritance Act case law
15.5 Further reading
16 Remedies
16.1 Contentious probate
16.2 Liability of solicitors and will-drafters in negligence
16.3 Administration claims 230
16.4 Defences available to the PR
16.5 Executor de son tort
16.6 Further reading
1.1 What is succession law?
1.2 Key terms in succession law
1.3 Key sources in English succession law
1.4 The historical development of English succession law
2 Testamentary Intention and Capacity
2.1 Age
2.2 Testamentary capacity
2.3 The Mental Capacity Act 2005
2.4 Knowing and approving
2.5 Testamentary intention
2.6 Further reading
3 Formality Requirements for a Valid Will
3.1 Wills Act 1837, s
3.2 Reform of s 9 of the Wills Act 1837
3.3 Exceptions to the formality requirements
3.4 Further reading
4 Example of a Will
4.1 Example will
4.2 Discussion of the will clauses
4.3 Further reading
5 Rectification and Construction of a Will
5.1 Rectification
5.2 Construction
5.3 Further reading
6 Amending Wills, Revoking Wills, Reviving Wills and the Failure of Gifts
6.1 Amending a will
6.2 Revoking a will
6.3 Revocation by marriage
6.4 Revival
6.5 Failure of gifts
6.6 Further reading
7 Mutual Wills
7.1 The requirements for a mutual will
7.2 Problems with mutual wills
7.3 Further reading
8 Intestacy
8.1 Definitions: total and partial intestac
8.2 Administration of intestate estates
8.3 The statutory beneficiaries
8.4 Further reading
9 Personal Representatives
9.1 Two types of personal representatives
9.2 Executors
9.2.1 Appointment
9.3 Administrators
9.4 Chain of executors and administration de bonis non
9.5 Passing over a PR
9.6 Further reading
10 Taxation
10.1 Tax and the PR’s duty to pay it
10.2 Income tax
10.3 Capital gains tax
10.4 Inheritance tax
10.5 Paying IHT
10.6 Further reading
11 Administration I – The Grant
11.1 Events following death
11.2 Estates exempt from a grant of probate or administration
11.3 Grant of probate or letters of administration
11.4 Obtaining the grant
11.5 Revoking a grant
11.6 Further reading
12 Administration II – Calling in the Estate
12.1 Obtaining legal title
12.2 Collecting in the estate
12.3 Realising the estate
13 Administration III – Paying Debts
13.1 Debts
13.2 Solvent and insolvent estates
13.3 Assets
13.4 The PR’s duty to pay debts
13.5 Administrative debts
13.6 Payment of debts in solvent estates
13.7 Payment of debts in insolvent estates
14 Administration IV – Distribution
14.1 Distribution
14.2 Assents
14.3 Types of gifts
14.4 When does the PR become a testamentary trustee?
15 The Family Provision Rule
15.1 Testamentary freedom
15.2 The Inheritance Act
15.3 Inheritance Act process
15.4 Inheritance Act case law
15.5 Further reading
16 Remedies
16.1 Contentious probate
16.2 Liability of solicitors and will-drafters in negligence
16.3 Administration claims 230
16.4 Defences available to the PR
16.5 Executor de son tort
16.6 Further reading