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Parker's Modern Wills Precedents: Sixth Edition, by Michael Waterworth
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Product details
Hardcover: 312 pages
Publisher: Bloomsbury Professional; 6 edition (March 19, 2009)
Language: English
ISBN-10: 1847662951
ISBN-13: 978-1847662958
Package Dimensions:
9.6 x 6.2 x 1.4 inches
Shipping Weight: 1.6 pounds (View shipping rates and policies)
Average Customer Review:
5.0 out of 5 stars
2 customer reviews
Amazon Best Sellers Rank:
#1,936,718 in Books (See Top 100 in Books)
Book received brand new (as advertised) and encased in protective plastic covering. Precisely what I ordered.
WHERE THERE IS A WILL PARKER SHOWS THE WAYAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersA new edition of Parker’s Precedents is very welcome and highly recommended by the Institute of Professional Willwriters. Anthony Parker wrote the first edition in December 1968 and his aims built upon an earlier volume entitled “Modern Conveyancing Precedents†to create a complimentary twin.Rather like the excellent ‘Clarity for Lawyers’ by Mark Adler, solicitors will benefit from ‘Parker’ because his original aims were, and remain, to:• provide a comprehensive collection of precedents which produce the full legal effect intended;• make legal documents more comprehensible to clients, and thus to assist in relations between solicitors and the public;• avoid abuse of the English language found in many traditional precedents;• avoid the confusion of thought and expression found in some traditional precedents; and• Compose shorter legal documents, and so to save time and money for the profession and for clients.In nearly 40 years the profession has come a long way to meet Parker’s objectives. With the new edition, Michael Waterworth explains that it arrives as an update hot on the heels of the previous edition because of the recent legislative programme of change and development including;• The Gender Recognition Act 2004 which potentially affects a large number of precedents due to the ambiguities consequent on identifying beneficiaries by gender alone;• The Mental Incapacity Act 2005 which covers the overlap between the new statutory test for capacity and the common law test;• The Finance Act 2006 which demands a complete reappraisal of the inheritance tax treatment of trusts;• The Civil Partnership Act 2004;• The Human Tissue Act 2004;• The Adoption and Children Act 2002; and• Updated chapters on inheritance tax mitigation and post-death rearrangements.‘Parker’ continues to be the main source for will draftsmen including general Private Client Solicitors who deal with Wills. Although it appears that nearly half the population still do not have a proper will, wills are some of the most important documents which a client will ever complete. As Waterworth rightly says, like conveyancing instruments, many clients want the job done at a rate which is of marginal profitability for the practitioner and “a degree of specialisation is nowadays essentialâ€. This is, of course, true for large parts of the legal profession today.Waterworth has created a common-sense approach to both the relevant legal points and the pitfalls and drafting problems which can be created by a client’s requirements. He writes that ‘bewildered clients shy from legal detail and glaze over if inundated with excessive legal theory, often of only peripheral relevance’. It is the practical advice and a practical approach from their solicitor’s will draftsman which the client wants and this book gives it many times over to a firm specialising in private client drafting and advisory work.There are nineteen chapters as follows: an introduction with a short word about drafting; general considerations; opening and revocation; declarations concerning joint, mutual and reciprocal wills; declarations part 1; appointment of executors and trustees; appointment of testamentary guardians; legacies; specific gifts of chattels and other personal property; specific gifts of real property and rights of occupation; residuary gifts; powers of executors and trustees; declarations part 11; attestation; inheritance tax mitigation; complete wills; variations after death; oaths for executors; and letters and other support materials. There are also four appendices to cover:• attestation, construction and interpretation• powers• intestacy rules; and• inheritance tax and capital gains taxWith a summary of the relevant law and commentary, a variety of precedents for individual clauses and a set of complete wills which covers different scenarios Parker provides the modern draftsman with a thorough understanding of the will drafting process.The fifth edition also now includes material relevant to tax changes in relation to disabled trusts, the taxation of vulnerable persons, inheritance tax and the needs of the older client. Certainty is the key throughout and Tottel are to be congratulated for releasing this latest edition which is now renowned in the high street firm as a work of clarity for drafting.
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