A substantial contribution to the understanding, review and critique of succession law. All of the contributions are well written and researched, enabling a deep appreciation both of the case and subsequent events … No doubt it will prove an invaluable resource for academics, students and practitioners.
- Fiona Burns, University of Sydney, Journal of Equity
The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the ‘landmark’ cases in any given field. Succession law’s long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a ‘landmark’ case, as well as on the peculiarities and limitations of the case law method.
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1. Introduction
Brian Sloan
2. All Souls College v Codrington (1720): Money, Books and the Interpretation of Wills – A Testamentary Drama in Three Acts
Birke Häcker
3. Jesson v Wright (1820): Wills, Coal and the Rule in Shelley’s Case
N G Jones
4. Banks v Goodfellow (1870): Defining Testamentary Capacity
Juliet Brook
5. Re D(J) (1981): Statutory Wills
Barbara Rich
6. Hastilow v Stobie (1865): Lack of Knowledge and Approval
Roger Kerridge
7. White v Jones (1995): A Legacy of the Search for Principle
Judith Skillen and James Lee
8. Williams v Hensman (1861) and the Law of Severance: Janus Personified
Martin Dixon
9. Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine
Ying Khai Liew
10. Sugden v Lord St Leonards (1876): Probate of the Missing Will – Hamlet Without the Prince?
Simon Cooper
11. Thorner v Major (2009): Proprietary Estoppel and Inheritance
John Mee
12. Re Welch (1990): Enforcing Testamentary Promises
Nicola Peart
13. Strong v Bird (1874): Reassessing the Rule
Elizabeth Drummond
14. Williams v Williams (1882): Succession Law Rules and the Fate of the Dead
Heather Conway
15. Commissioner of Stamp Duties (Queensland) v Livingston (1964): Rights of Estate Beneficiaries and Trust Beneficiaries Compared
Charles Mitchell
16. Gartside v IRC (1967): ‘This decision involved a small point’
Dominic de Cogan
17. Ilott v The Blue Cross (2017): Testing the Limits of Testamentary Freedom
Brian Sloan
18. S and S (2005): Compulsory Portion and Solidarity between Generations in Civil Law
Walter Pintens
19. Lashley v Hog (1804): Forced Heirship, and Succession across Borders
Daniel J Carr
20. Re Estate Wilson, Deceased (2017): The Last Frontier for Aboriginal Intestacy in Australia?
Prue Vines
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A new volume on succession law in Hart's successful Landmark Cases series which will make an important contribution to the literature.
Features contributions from the leading succession lawyers from across the common law world.
Original analysis by eminent scholars that examine the most important legal cases to date.
The Landmark Cases series is an occasional series of volumes which seek to highlight the historical antecedents of what are widely considered to be the leading cases in the common law. These edited volumes feature original archival research by eminent scholars in the field, and are intended to provide a context, or contexts, in which to better understand how and why certain cases came to be regarded as the 'Landmark' cases in any given field.
Praise for the series
“An interesting read and a valuable addition to the reference literature for [those] who wish to view from a fresh angle the classic textbook cases that they thought they knew very well.”
Review of Landmark Cases in Criminal Law in New Journal of European Criminal Law
“Beautifully written, nicely produced and just full of intrinsically fascinating material.”
Review of Landmark Cases in Family Law in The Law and Politics Book Review
“An intriguing pleasure to read.”
Review of Landmark Cases in the Law of Contract in Journal of Legal History
“A fine example of the kind of historical investigation that should be the foundation of all common law scholarship.”
Review of Landmark Cases in the Law of Restitution in King's Law Journal
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Produktdetaljer
ISBN
9781509952106
Publisert
2021-05-20
Utgiver
Vendor
Hart Publishing
Vekt
594 gr
Høyde
244 mm
Bredde
169 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
424
Redaktør