Dobbie’s Probate and Administration Practice, 6th edition

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.

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ISBN/ISSN: 9781927227992
Release Date: December 01, 2014
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Product description

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 CD-ROM 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 on CD-Rom

Table of contents

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



  1. What is a will?

  2. Requirements for making a will

  3. Incorporating documents in a will

  4. Corrections of wills by the Court

  5. Two or more documents

  6. Wills made subject to confitions or arrangements

  7. Will list, mislaid, or accidentally destroyed

  8. Codicils - documents which made changes to a will

  9. Alterations and words crossed out in a will

  10. Military or seagoing persons

  11. Revocation, revival, and statutory modification of wills

  12. Wills made by those living overseas


Part 3 Presumption of death and survivorship



  1. Presumption and proof of death


Part 4 Office of executor or administrator


  1. Who can be appointed executor?

  2. How an executor is appointed?

  3. Appointment by implication and according to the tenor of the will

  4. Limitation of office of executor

  5. Conditional appointment of executor with substituted executor

  6. Revocation of appointment

  7. Disharge of removal of executor or administrator

  8. Death of an executor or administrator after grant of administration

  9. Acceptance, refusal, or renunciation of appointment

  10. Protection of administrator


Part 5 Practice of Court in its administration



  1. Practice to obtain probate in common form


Part 6 Intestacy and letters of adminstration



  1. Letters of administration - jurisdiction

  2. Grant of letters of administration and general rules

  3. Discretionary grants

  4. Grant of administration to a stranger


Part 7 Administration with will annexed



  1. Grant of letters of administation with will annexed

  2. Incompetence of executor by reason of minority -administration during minority


Part 8 Practice as to grant of letters of administration on intestacy



  1. Letters of administration on intestacy - practice

  2. Security for administration


Part 9 Michellaneous applications



  1. Overseas executor or applicant

  2. Grants where executor incompetent

  3. Administration pending legal proceedings

  4. Administration ad colligenda bona

  5. Administration during absence

  6. Administration de bonis non (partly administered estates)

  7. Inventory and accounts

  8. Caveats

  9. Recall of probate or letters of administration

  10. Resealing overseas grants in New Zealand

  11. Overseas recognition of New Zealand grants

  12. Trustee corporations

  13. Shape of documents to be filed

  14. Fees of Court


Part 10 Probate in solemn form



  1. Practice - probate in solemn form


Part 11 Insolvent estates



  1. Additional chapter on validation of wills

  2. Insolvent Deceased Estates


Part 12      Extracts from statute and rules


Status of children act 1969, ss5A-6D


Rules 632-664, High Court Rules


Appendix Precedent Forms