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Contentious Probate Claims, 2nd Edition

Contentious Probate Claims, 2nd Edition

Contentious Probate Claims, 2nd Edition

Author: Andrew Francis
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414042919

Previous Edition ISBN: 0421849401
Published In: December 2025
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%)

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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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