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Coming Soon Contentious Probate Claims, 2nd Edition

Contentious Probate Claims, 2nd Edition

  • Author:
  • Publisher: Sweet & Maxwell U.K.
  • ISBN: 9780414042919
  • Published In: December 2019
  • Format: Paperback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,260.00

HKD 1,222.20 Save HKD 37.80 (3%)

Delivery Time: around 4-5 weeks ?Extra 2-10 working days for address outside Hong Kong
Not yet published?

The publication date listed on our site is the latest information we have from the publisher, and that this date may change.

Most pre-orders will be dispatched on, or before publication date and we will make every effort to make sure they arrive with you as close to publication date as we can.

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  • Description 
  • Contents 
  • Details

    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
  • 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

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