A Practical Guide to the Construction and Rectification of Wills and Trust Instruments PDF Download
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Author: Edward Hewitt
Publisher:
ISBN: 9781912687206
Category :
Languages : en
Pages : 244
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Book Description
This book is a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.
Author: Edward Hewitt
Publisher:
ISBN: 9781912687206
Category :
Languages : en
Pages : 244
Get Book Here
Book Description
This book is a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them.
Author: Edward Hewitt
Publisher: Law Brief Publishing
ISBN: 9781916698260
Category : Law
Languages : en
Pages : 0
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Book Description
Private client practitioners dealing with estates and trusts routinely encounter drafting problems. These can be of many different types, from an ambiguous clause in a home-made will to a precedent clause included by mistake in a professionally prepared trust deed. They can also arise in very different contexts: while some can be resolved by agreement, others will result in a full-blown court battle, possibly accompanied by professional negligence proceedings against the draftsman. This book is designed as a practical guide to overcoming drafting problems. As well as considering the court's modern approach to the construction and rectification of both wills and trust instruments, it includes practical guidance on how to try to deal with drafting problems by agreement and, if that fails, on how to ask the court to resolve them. This new edition has been fully revised and updated to take account of recent developments in case law and procedure, including the completely rewritten Chancery Guide. ABOUT THE AUTHOR Edward Hewitt is a barrister at 5 Stone Buildings in Lincoln's Inn. He has a private client practice with a particular emphasis on inheritance and trust disputes. He is frequently asked to advise on the correct construction of wills and trust instruments. He has also acted in some of the leading recent cases involving the construction and rectification of wills and trust instruments, some of which have included ancillary professional negligence proceedings against the relevant draftsman. CONTENTS Chapter One - Introduction 1.1 The problem 1.2 Structure of this book: distinction between wills and other trust instruments 1.3 A bit of history 1.4 Relationship between construction and rectification 1.5 Miscellaneous Chapter Two - Construction of Wills 2.1 The law 2.2 Practice and procedure 2.2.1 Who is affected? 2.2.2 Can the problem be resolved by agreement? 2.2.3 Professional negligence 2.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 2.2.5 Court intervention: construction claims in the Chancery Division Chapter Three - Rectification of Wills 3.1 The law 3.2 Practice and procedure 3.2.1 Who is affected? 3.2.2 Can the problem be resolved by agreement? 3.2.3 Professional negligence 3.2.4 Court intervention: rule 55 of the Non-Contentious Probate Rules 1987 3.2.5 Court intervention: rectification claims in the Chancery Division Chapter Four - Construction of Other Trust Instruments 4.1 The law 4.2 Practice and procedure 4.2.1 Who is affected? 4.2.2 Can the problem be resolved by agreement? 4.2.3 Professional negligence 4.2.4 Court intervention: section 48 of the Administration of Justice Act 1985 4.2.5 Court intervention: construction claims in the Chancery Division Chapter Five - Rectification of Other Trust Instruments 5.1 The law 5.2 Practice and procedure 5.2.1 Who is affected? 5.2.2 Can the problem be resolved by agreement? 5.2.3 Professional negligence 5.2.4 Court intervention: rectification claims in the Chancery Division Chapter Six - Mistake and Hastings-Bass 6.1 Mistake 6.2 Hastings-Bass REVIEWS OF THE FIRST EDITION "Mr Hewitt has an easy writing style which is to be commended for what could be a difficult and dry topic. Instead, it is a book which provides clarity when trying to approach the actions which need to be taken" - Gill Steel, LawSkills
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Stephanie Christie-Carmichael
Publisher:
ISBN: 9781914608056
Category :
Languages : en
Pages : 166
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Book Description
This book is designed to give the general practitioner, solicitors who don't normally deal with estates and trainee solicitors a guide to dealing with the practical and effective administration of estates in Scotland. It covers the main issues that the practitioner is likely to come up against when dealing with an estate. It also aims to highlight opportunities to add value to the Executors and beneficiaries and create further business opportunities for the practice. ABOUT THE AUTHOR Stephanie Christie-Carmichael is a consultant private client solicitor with over 17 years' experience in dealing exclusively with Wills, trusts, succession & Inheritance Tax planning for high net worth individuals and estate administration across Scotland and England.
Author: Grant Jones
Publisher: Spiramus Press Ltd
ISBN: 1907444580
Category : Law
Languages : en
Pages : 414
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Book Description
Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.
Author: Richard C. Nolan
Publisher: Cambridge University Press
ISBN: 1107170494
Category : Business & Economics
Languages : en
Pages : 609
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Book Description
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Author: International Finance Corporation
Publisher: World Bank Publications
ISBN: 1464815496
Category : Technology & Engineering
Languages : en
Pages : 505
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Book Description
The Food Safety Handbook: A Practical Guide for Building a Robust Food Safety Management System, contains detailed information on food safety systems and what large and small food industry companies can do to establish, maintain, and enhance food safety in their operations. This new edition updates the guidelines and regulations since the previous 2016 edition, drawing on best practices and the knowledge IFC has gained in supporting food business operators around the world. The Food Safety Handbook is indispensable for all food business operators -- anywhere along the food production and processing value chain -- who want to develop a new food safety system or strengthen an existing one.
Author: Mohamed Ramjohn
Publisher: Routledge
ISBN: 100001200X
Category : Law
Languages : en
Pages : 1136
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Book Description
The extensively updated seventh edition of Unlocking Equity and Trusts will help you grasp the main concepts of Equity and Trusts with ease. Using straightforward language and explaining the law in a clear manner, it provides an excellent foundation for learning and revising. Each chapter in the book contains: Aims and objectives; Activities such as self-test questions; Charts of key facts to consolidate your knowledge; Diagrams to aid memory and understanding; Prominently displayed cases and judgements; Chapter summaries; Essay questions with answer plans; Glossary of legal terms. The Unlocking the Law series is designed specifically to make the law accessible to students coming to study a topic for the first time. All titles in the series follow the same formula and include the same features so students can move easily from one subject to another.
Author: Gavin Towler
Publisher: Elsevier
ISBN: 0080966608
Category : Technology & Engineering
Languages : en
Pages : 1321
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Book Description
Chemical Engineering Design, Second Edition, deals with the application of chemical engineering principles to the design of chemical processes and equipment. Revised throughout, this edition has been specifically developed for the U.S. market. It provides the latest US codes and standards, including API, ASME and ISA design codes and ANSI standards. It contains new discussions of conceptual plant design, flowsheet development, and revamp design; extended coverage of capital cost estimation, process costing, and economics; and new chapters on equipment selection, reactor design, and solids handling processes. A rigorous pedagogy assists learning, with detailed worked examples, end of chapter exercises, plus supporting data, and Excel spreadsheet calculations, plus over 150 Patent References for downloading from the companion website. Extensive instructor resources, including 1170 lecture slides and a fully worked solutions manual are available to adopting instructors. This text is designed for chemical and biochemical engineering students (senior undergraduate year, plus appropriate for capstone design courses where taken, plus graduates) and lecturers/tutors, and professionals in industry (chemical process, biochemical, pharmaceutical, petrochemical sectors). New to this edition: - Revised organization into Part I: Process Design, and Part II: Plant Design. The broad themes of Part I are flowsheet development, economic analysis, safety and environmental impact and optimization. Part II contains chapters on equipment design and selection that can be used as supplements to a lecture course or as essential references for students or practicing engineers working on design projects. - New discussion of conceptual plant design, flowsheet development and revamp design - Significantly increased coverage of capital cost estimation, process costing and economics - New chapters on equipment selection, reactor design and solids handling processes - New sections on fermentation, adsorption, membrane separations, ion exchange and chromatography - Increased coverage of batch processing, food, pharmaceutical and biological processes - All equipment chapters in Part II revised and updated with current information - Updated throughout for latest US codes and standards, including API, ASME and ISA design codes and ANSI standards - Additional worked examples and homework problems - The most complete and up to date coverage of equipment selection - 108 realistic commercial design projects from diverse industries - A rigorous pedagogy assists learning, with detailed worked examples, end of chapter exercises, plus supporting data and Excel spreadsheet calculations plus over 150 Patent References, for downloading from the companion website - Extensive instructor resources: 1170 lecture slides plus fully worked solutions manual available to adopting instructors
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
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Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
