* Contentious Probate Claims 2nd ed

NOT YET PUBLISHED

Contentious Probate Claims guides the practitioner through all aspects of the law and procedure involved in contesting the validity of a will. It explains what contested probate is and how it relates to the noncontentious probate system and other relevant areas. It demonstrates how to challenge a will and takes the reader through each stage of the proceedings.

• Sets out the substantive law in a clear and readable manner
• Offers guidance on how to assess the merits of a case before making or defending a claim
• Shows how to prepare a case step-bystep, going through the forms which must be used, how they should be completed and served
• Clarifies evidence, both pre-trial and at trial
• Advises on conduct of the final hearing
• Explains the orders the court can make
• Deals with enforcement of orders and appeals
• Covers the issues from both claimant and defendant perspectives
• Includes guidance on alternative dispute resolution methods including mediation
• Looks at costs issues
• Contains all relevant Rules, protocols, precedents, pleadings and court claim forms
• Includes checklists to ensure each stage is completed correctly
• Incorporates new case law, such as Sherrington v Sherrington, the updated Contentious Probate Rules, and the impact of the Mental Capacity Act 2005

table of content

Part One: The Law:

Challenging the will;

Interest claims;

Lack of testamentary intention;

Lack of due execution;

Lack of testamentary capacity;

Lack of knowledge and approval;

Undue influence;

Fraud and forgery

Revocation;

Related non-probate claims

 

Part Two: Procedure:

The rules as to starting claims

Dealing with claims once started;

The final hearing;

Discontinuance and compromise

Orders which the court can make;

Costs

Enforcement of orders and terms of settlement

Funding Probate Claims;

Appeals

Appendices