This book explains the law and procedure relating to claims under the Inheritance (Provision for Family and Dependants) 1975 where reasonable financial provision has not been made, and other claims which may be made additionally or alternatively. It enables the practitioner to assess the prospects of success in making or resisting a claim. Features: Examines the criteria for eligibility to make a 1975 Act claim Explains what property is available for financial provision, including property treated by s.8 as being part of the net estate, and property which under s.9 may be treated as part of the estate Analyses the factors that the court must consider in determining a claim, and discusses the orders that the court can make Considers what constitutes reasonable financial provision, with reference to different types of provision and the various classes of claimant Contains a chapter on practice and procedure, dealing with the matters which will or may arise before, during and after the making of a claim under the 1975 Act Appendices include the text of the 1975 Act and other procedural material including precedents and the ACTAPS code; questionnaires which aid the practitioner in assembling all the relevant facts at the start of a case when either making or resisting a claim; a list of important cases arranged by topic and a list of cases in which a particular word or phrase has been considered; a select bibliography, with commentary, of published articles relating to Ilott v Mitson; and a fully updated case summaries section Key new coverage in this edition includes an expanded list of errors to avoid; case law on claims by adult children post-Ilott v Mitson; and the Court of Appeal decision in Cowan v Foreman and subsequent case law on applications for extensions of time

Williams, Mortimer and Sunnucks is a leading authority on the law relating to personal representatives, grants of representation and the administration of estates after death. This new edition has been fully updated to take account of all recent changes in legislation and case law. Explains the various forms of probate, including grants where the deceased was domiciled abroad, and limited grants, special grants and discretionary grants Provides full coverage of contentious probate procedure and practice Covers the devolution of assets and claims on personal representatives Deals with the administration of estates, including insolvent estates, with a detailed examination of assets, taxation, and payment of debts, and the powers and liabilities of the personal representative Includes full coverage of the rules on family provision Looks at administration and other actions, including claims by and against the estate Discusses the distribution of assets, including on intestacy Key new content in this Edition includes: Updated guidance on contentious probate procedure, including the new Chancery Guide and rectification of wills Increased coverage of the law of intestacy Updated treatment of the Inheritance (Provision for Family and Dependants) Act 1975, including recent developments on claims by adult children, extension of time, and interim payments Consideration of the circumstances in which personal representatives will be authorised to pursue claims on behalf of the estate against beneficiaries Updated coverage of taxation of estates and the administration of digital assets Recent decisions on remuneration of personal representatives and removal of executors New coverage on the process of making online applications for grants of probate and administration

The Digital Estate provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, lasting and other attorneys. Key Features: The book provides an analysis of the rights and liabilities associated with digital information passing from, to and through computing and other devices owned and controlled by fiduciaries, including trustees, personal representatives, and lasting and other attorneys. Provides practical solutions to the problems that the individual and his personal representatives may face in securing succession to assets and safe transmission of information that may otherwise be deleted, locked or lost. Guides the practitioner through pre-death preventative measures relating to wills. Considers the issues that arise when an individual who owns assets or stores information on-line, dies Covers steps to be taken during probate for the administration of digital assets Covers specific roles in administration including personal representatives, trustees and agents and attorneys Includes clear practical guidance on the actions that should be taken or considered in the administration of digital information or assets including a useful section on drafting for the digital estate featuring precedents for will drafting, trusts and Lasting Powers of Attorney Considers the issues relevant to trust investments in cryptoassets Examines the principles of English law that define the proprietary nature of information, taking into account the approach to this issue in other jurisdictions. Identifies the property rights that are associated with information and examine their operation. These include intellectual property rights, contractual rights, and other rights, including to cryptoassets such as bitcoin and non-fungible tokens (NFTs) Includes a straightforward technical explanations of relevant technologies including blockchains, Decentralised Finance (DeFi), and public/private key cryptography. Investigates the principles applicable to the use of digital information that has no proprietary status. Analyses the regulatory consequences of the control or use of digital information, including data protection, financial regulation and computer misuse. Analyses the personal tax consequences of cryptoasset transactions and DeFi. Examines the law around digital documents, and digital execution of documents, including developments arising as a result of the COVID-19 pandemic. New to the edition: Three new chapters on Distributed ledger technology, decentralised digital assets and decentralised finance. New sections analyzing the application of property law to cryptoassets, examining the personal tax consequences of cryptocurrency and DeFi transactions, and considering the situs of cryptoassets new case law, official reports and legislative changes.

Aldridge: Powers of Attorney is the definitive work on this subject, providing clear guidance on the creation, interpretation and use of powers of attorney. Written in a succinct and accessible style, it explains everything you need to know to operate effectively in this complex area of law. Beginning with an explanation of the different types of powers, it goes on to examine the capacity and duties of the parties involved, before looking at specific situations in which such powers can be used. This Twelfth Edition: Explains the different types of powers of attorney and their scope, looks at the capacity of the donor and the attorney, and considers the contents, form and duration of the power and its exercise Examines the duties of both the donor and the attorney, and the protection of the attorney, as well as the position of third parties dealing with an attorney, and of a trustee exercising a statutory power to delegate their functions Deals with lasting powers of attorney and enduring powers of attorney (the latter can no longer be granted, but those validly granted before 1 October 2007 remain effective) Discusses the Government’s proposals for changes to the process for making and registering a lasting power of attorney to enable a digitally produced document Looks at the use of powers of attorney in particular situations, including land, grants of representation and companies Advises on drafting issues Includes forms and precedents for powers of attorney and ancillary documents Reproduces relevant primary and secondary legislation for ease of reference Is updated throughout to reflect recent developments in legislation and case law