wills

UK Will Writing Information




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Making a will is something that, because of the reason why we need to do it, is something that is easily put off - yet can lead to huge problems with probate if you don't write one in time.

Writing a last will and testament (to use the proper phrase for it) isn't as complicated as it used to be, and there are now many places online why you can write a legal DIY one!




Title : A Step-by-step Guide to Wills and Probate
Author : Keith Biggs
Rating : 4 Stars out of 5.
Summary : all the basics you need to knwo..

this is a good all round guide to drafting wills and dealing with the difficult task of what to do after a death in terms of winding up an estate. It doesn't go into very complex will drafting but in that instance as the book suggests you would really need to get a solicitor involved. However, it does allow you to draft most types of wills and certainly explains the proceedure following death in a clear and concise manner.



Title : The Living Trust: Failproof Way to Pass Along Your Estate to Your Heirs Without Lawyers, Courts, or the Probate System
Author : Henry W. Abts
Rating : 2 Stars out of 5.
Summary : Not a "How to" book; too many words, too little said.

17 chapters, over 350 pages discussing the importance/advantage of Living Trust over Will. Little on how to draw up a living trust except some blank forms to help organize your assests. Although covers touts not needing a lawyer, bottom line message - buy my book, organize your information and hire a lawyer(me, if possible) to prepare the living trust. Look elsewhere for detail information unless you want stuff not fluff.



Title : The Law of Trusts
Author : John G. Riddall
Rating : 3 Stars out of 5.
Summary : Good introduction guide to Trust Law

Riddall's Trust Law is one of the simplest guide to the the subject. The words are clear, the format is structured and organized. I would recommend students of Trust Law to buy this book. However, his book is quite out-dated since the latest edition is published in 1996. Also, it lacks sufficient information of family home issues and proprietary estoppel.



Title : The Law of Trusts and Equitable Obligations
Author : Robert A. Pearce
Rating : 5 Stars out of 5.
Summary : A pleasure to read - detailed and well researched

I honestly believe that those who gave this book a bad review are either (a) not very bright and/or (b) have never actually read the book itself.

It is a well written and lucid book that was researched with vigour.

The book covers the essentials of Trust law.
1. A history of Equity
2. Certainty (of intention, subject matter and objects)
3. Formalities and Constitution
4. Purpose trusts (e.g. trusts for a charity)
5. Resulting and constructive trusts
6. Trustees powers and duties
7. Liability for breach of trusts
8. Tracing

I have read the whole book, and (I know most law students will find this hard to believe) I really did enjoy it.
It flows well, and I read 100 pages with ease.
It was my recommended textbook and I am glad it was.

There are a few typos (pages 397, 541, 512, 635)but who really cares?

I think this book, now in its third edition has an excellent balance between facts, cases, principles and criticism.

Furthermore it is easy to understand.

Ignore the bad reviews, they are absolutely wrong.



Title : Principles of Equity and the Law of Trusts (Principles of Law S.)
Author : Alastair Hudson
Rating : 1 Stars out of 5.
Summary : Quantity not quality

This book is extremely poorly written and should only be read after you feel confident enough with your knowledge of the subject to be able to see all its innaccuracies, if at all. Reading this book provides a risk of wrongfully doubting your understanding of the subject. The major problems are that Hudson equates terms that mean different things (e.g. by beginning a paragraph saying a rule relates to beneficiaries but then using the term potential beneficiaries in its place without clearly stating that the rule applies to them as well) and an serious lack of structure that would especially confuse if this was the first book you read on the subject. Resist the temptation to buy the thickest and newest book and buy a quality book instead e.g. Hanbury and Martin's Modern Equity.



Title : Wills and Probate ("Which?" Consumer Guides)
Author : Consumers' Association
Rating : 3 Stars out of 5.
Summary : A very good user guide, but needs updating

I bought this book for guidance on IHT and Probate. The approach adopted is very good and it takes you through an imaginary scenario from death to completion of all procedures. However, I found that the Probate rules have changed as charges are significantly lower. But it is really where the book deals with filling in IHT forms that you notice that the rules have changed significantly.

If you want a good guide to help you through the IHT maze on your own, avoiding the need for a Solicitor, then this will help. But a new edition is urgently required.



Title : The Modern Law of Trusts
Author : David B. Parker
Rating : 1 Stars out of 5.
Summary : Who is this book written for?

This book is written in the style of a friendly guide to law rather than a textbook. This creates confusion as the book sets out to discuss in detail problems with trusts in the English common law but does so in a fudgy you know what I mean kind of a way. Discussion centres around conceptual, more abstract, aspects of trusts and equity but with inadequate reference to the technical nature of the law (you really need to be able to supply this for yourself). Worse still, Parker and Mellows do not address all issues relevant to law students and their tendancy to gloss over some of the more technical aspects of the law explains why their conclusions leave the reader feeling unsatisfied. I would only recommend this book to someone who has a good basic knowledge of trusts as a basis for discussion. It is not an accurate guide to the law and is likely to confuse the undergraduate and mentally damage the more general reader.



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