Dobbie's Probate and Administration Practice, 6th edition is an authoritative text and essential resource for legal practitioners and those dealing in wills and probate.
This sixth edition of the bestselling Dobbie's Probate and Administration Practice brings together an exceptional author team to update a highly regarded title. Now easier to read and with a bonus one-month trial to the online product containing 93 forms and precedents, this thoroughly updated new edition is of practical use for legal practitioners and those dealing in wills and probate. This indispensable resource sits alongside other authoritative works in LexisNexis' portfolio of trust law and succession-related titles.
Features:
• Authoritative and practical commentary
• Extracts of relevant legislation
• Precedent forms in text and online
Part 1 Jurisdiction in probate and administration matters
1 Jurisdiction and administration
2 Administration without a gran
3 Necessity for probate
Part 2 Signing, witnessing, and providing a will
4 What is a will?
5 Requirements for making a will
6 Incorporating documents in a will
7 Corrections of wills by the Court
8 Two or more documents
9 Wills made subject to confitions or arrangements
10 Will list, mislaid, or accidentally destroyed
11 Codicils - documents which made changes to a will
12 Alterations and words crossed out in a will
13 Military or seagoing persons
14 Revocation, revival, and statutory modification of wills
15 Wills made by those living overseas
Part 3 Presumption of death and survivorship
16 Presumption and proof of death
Part 4 Office of executor or administrator
17 Who can be appointed executor?
18 How an executor is appointed?
19 Appointment by implication and according to the tenor of the will
20 Limitation of office of executor
21 Conditional appointment of executor with substituted executor
22 Revocation of appointment
23 Disharge of removal of executor or administrator
24 Death of an executor or administrator after grant of administration
25 Acceptance, refusal, or renunciation of appointment
26 Protection of administrator
Part 5 Practice of Court in its administration
27 Practice to obtain probate in common form
Part 6 Intestacy and letters of adminstration
28 Letters of administration - jurisdiction
29 Grant of letters of administration and general rules
30 Discretionary grants
31 Grant of administration to a stranger
Part 7 Administration with will annexed
32 Grant of letters of administation with will annexed
33 Incompetence of executor by reason of minority -administration during minority
Part 8 Practice as to grant of letters of administration on intestacy
34 Letters of administration on intestacy - practice
35 Security for administration
Part 9 Michellaneous applications
35 Overseas executor or applicant
36 Grants where executor incompetent
37 Administration pending legal proceedings
38 Administration ad colligenda bona
39 Administration during absence
40 Administration de bonis non (partly administered estates)
41 Inventory and accounts
42 Caveats
43 Recall of probate or letters of administration
44 Resealing overseas grants in New Zealand
45 Overseas recognition of New Zealand grants
46 Trustee corporations
47 Shape of documents to be filed
48 Fees of Court
Part 10 Probate in solemn form
49 Practice - probate in solemn form
Part 11 Insolvent estates
50 Additional chapter on validation of wills
51 Insolvent Deceased Estates
Part 12 Extracts from statute and rules
Status of children act 1969, ss5A-6D
Rules 632-664, High Court Rules
Chris Kelly BA, LLM is a barrister who advises on trusts, estate and elder law. He is widely published and has presented numerous conference papers for the New Zealand Law Society, Chartered Accountants and LexisNexis and has chaired Elder Law conferences. Prior to becoming a barrister, Chris worked in private practise and, before that, held senior positions with statutory trustee corporations. Chris is currently completing his PhD thesis on trust law.
Greg Kelly is a Consultant with Greg Kelly Trust Law Ltd which he established in 2009. He holds the degrees of LLB and LLM with distinction and has over 40 years’ experience in the wills, estates and trusts areas. He has written and delivered numerous papers at seminars, conferences and webinars for the NZ Law Society and other professional organisations. He is a member of STEP and has chaired the NZLS bi-annual trust conference seven times since 2009.