CCH Rossdale: Probate & Administration of Estates 5th Edition
Price reduced by 15%
Written in a highly practical style, accessible to either the specialist or the general practitioner, this book is set to build on its reputation as one of the key reference works on the subject for all those involved with probate and the administration of estates. Its combination of a user-friendly text with detailed footnotes makes it an ideal reference source for all probate practitioners, whatever their level of experience in the area.
What does this title cover?
This book has a broad scope. It deals with the process of administering the estate from start to finish: from the obtaining of the grant to the final distribution, with some diversions in between. The text is intended to be a practical guide. It is by no means an academic treatise which deals with each and every problem or question which may arise when administering an estate. Some of the topics touched on in the book may require specialist advice. We have endeavoured to highlight in the text the occasions when specialist advice may be necessary or made reference to more detailed texts on the subject.
The book has been structured in a logical way, leading the reader through the administration of the estate from death and the obtaining of the grant through to completion of the administration.
Although primarily designed to assist those acting for the personal representatives, we have included material which assists anyone involved in the administration of estates, from beneficiaries of the estate to those wishing to challenge the deceased’s will.
- Part I deals with preliminary matters, such as, first steps in the administration of the estate including the obtaining of a grant of representation.
- Part II deals with important questions personal representatives will need to consider when faced with a will, such as is the will valid? Has it been revoked by actions of the testator?
- Parts III, IV, V and VI concern the substantive administration of the estate, including the powers of the personal representatives, the collection of assets and their distribution.
- The important topic of liability for maladministration is considered in Part VI.
- Part VII deals with post death variation, either by a consensual variation (usually made for inheritance tax purposes) or by a hostile application to Court.
- Finally, contentious and other proceedings, including a new chapter on limitation of actions, are dealt with in Part VIII. The rationale for dealing with this at the end is that, although where a will is challenged a probate claim is usually brought before a grant is even obtained; the vast majority of estates are non-contentious.
Changes from last edition:
- Even more practical with added case studies, precedents and checklists
- The intestacy rules have been altered twice
- There is extensive new case law on the making of statutory wills by the Court of Protection
- New case law on challenges to the substantive validity of wills (lack of capacity, want of knowledge and approval, undue influence)
- New case law on the costs of personal representatives in legal proceedings
- The introduction of the statutory residence test for income tax purposes which has an impact on deemed domicile for IHT
- The ability for non-domiciled spouses to elect to have a UK domicile for IHT purposes
- Changes to the relevant IHT forms and to the payment of IHT
- Introduction of Excluded Liabilities rules for IHT purposes
- Changes to powers caused by the Inheritance and Trustee Powers Act 2014
- Introduction of the Perpetuities and Accumulations Act 2009 – removal of restriction on accumulations and extension of perpetuity period to 125 years
- Enactment of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
- Passing of the European Succession Regulation which will come into force next year
- New case law on claims under the Inheritance (Provision for Family and Dependants) Act 1975 (in particular the decision in Illot v Mitson )
- New case law on claims for rectification and mistake
Also available from CCH: a single-volume reference to taxation of trusts and estates.
Richard Dew's practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation). He has experience at all levels of litigation (with two recent cases in the Court of Appeal) and considerable experience in the conduct of mediation and alternative dispute resolution.
Richard is a regular contributor to books, articles and journals. He is an editor of Parker’s Will Precedents, Tolley's Inheritance Tax Planning and the Trusts and Estate Practitioner's Guide to Mental Capacity and a contributor to the recent book on International Trusts Disputes. He speaks frequently and has recently given talks on the EU Succession Regulations, "setting aside trusts" (including fraud, mistake and rectification) and "Insolvent Estates".
Chambers UK 2016 rank him in band 1 for his Traditional Chancery work and within that say the he is "an acknowledged expert on tax issues and professional negligence claims" and that "he is extremely passionate about his work. There is nothing he doesn't know, and he is brilliant with the clients. He is also very pragmatic and commercial".
The Legal 500 2015 edition highlight that he is a "very bright operator and particularly knowledgeable on Inheritance Act work".
Richard is a member of STEP and ACTAPS and sits on the committee of STEP’s Contentious Trusts and Estates Special Interest Group.
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Price reduced on 09/09/16