This book is only available in PDF format

Published: 24 May, 2012

Pages: 208

Death comes to us all. But preparing for it, or dealing with the consequences of death can be stressful for the client and complex for the practitioner. Providing sound legal advice and practical assistance in these circumstances requires a thorough understanding of the law and an appreciation of practical matters peculiar to death and dying. The aim of this intensive is to address legal issues that commonly arise before death, on death and after death. Recent developments in the law make this intensive a must for any practitioner advising clients on estate planning, matters relating to probate or disposal of the body, and claims after death.

There have been several changes in legislation in the past few years. The Wills Act 2007, the Succession Homicide Act 2007 and the Human Tissue Act 2008 are all new and central to the disposal of property and use of the body. The provisions relating to enduring powers of attorney in the Protection of Personal and Property Rights Act 1988 have also been changed. Then there is the repeal of gift duty, which may mean there is no estate to dispose of and give rise to restoration claims hitherto not commonly encountered on death.

The courts have not stood still either. There is new case law on testamentary capacity, knowledge and approval of wills, the status of body parts, the disposal of the body, eligibility to make a Family Protection claim, the basis upon which Testamentary Promises claims should be determined and a variety of issues relating to the Property (Relationships) Act on death. All these changes make an intensive on Death and the Law very timely. It will provide you with up to date coverage of recent legal developments and give you practical tips on matters such as advising elderly clients and tracing relatives.

Professor Nicola Peart

Authors

Professor Nicola Peart, Catherine Atchison, John Donovan, Chris Kelly, Greg Kelly, The Hon Justice Alan MacKenzie, Juliet Moses, Bill Patterson, Jacinda Rennie, Harry Waalkens KC