Full Description
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.
Contents
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
