Wills / Probate / Trusts

Contentious Probate Claims

Edited by Andrew Francis · Hedley Marten
Sweet & Maxwell U.K. December 2003

Specifications

ISBN-13
9780421849402
Publisher
Sweet & Maxwell U.K.
Publication
December 2003
Format
Paperback , 520 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Contentious Probate Claims is a highly practical work which guides the practitioner through the law and procedure of contesting the validity of a will. It explains what contested probate is and how it relates to the non-contentious probate system and other relevant areas. The book shows how to challenge a will and takes the user through each stage of the proceedings. It also includes a chapter on testamentary capacity.

* Sets out the substantive law in a clear and readble manner
* Provides clear, straightforward guidance on an increasingly complex and technical area of law
* Takes the practitioner through evidence and procedure step-by-step
* Covers CPR Part 57 and also the jurisdiction of the Family Division (Probate) under the Non Contentious Probate Rules
* Shows how to prepare a case, both pre-trial and at trial
* Includes guidance on alternative dispute resolution methods including mediation
* Offers guidance on costs
* Contains all relevant statutory material and Rules, protocols, precedents, pleadings and forms, and case summaries of recent key case law
* Includes checklists to ensure each stage is completed correctly

Table of Contents

  • Introduction.
  • 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.
  • Mistake and rectification.
  • The rules as to starting claims.
  • Dealing with claims once started
  • pre-trial.
  • 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: legislation
  • CPR
  • forms
  • letters.

Reviews

...to be recommended for those who may be heading in the direction of a contested probate action. - New Law Journal

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