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Contentious Probate Handbook

Contentious Probate Handbook

Contentious Probate Handbook

Author: Carl Islam
Publisher: Law Society Publishing
ISBN: 9781784460600
Published In: October 2016
Format: Paperback + CD-ROM
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including:-

removal of executors and trustees
probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence, and fraud and forgery
sham trusts and foundations
Inheritance Act claims
interpretation and rectification of wills
beneficial interest and proprietary estoppel claims.

In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the CPR, the author gives an account of costs management, and considers all ADR options. Practitioners will also benefit from contributions from Dr Hugh Series on mental disorders, and from Ellen Radley on forensic examination of handwriting and questioned documents.

The concise appendix contains helpful precedent letters, pleadings and orders, which are also included on the accompanying CD-ROM.

1. Introduction
2. Preliminary steps
3. Removal of executors and trustees
4. Probate disputes
5. Inheritance Act claims
6. Interpretation and rectification of wills
7. Beneficial interest and proprietary estoppel claims
8. Litigation
9. Costs
10. Alternative Dispute Resolution

Appendix: A: Precedents
B. Notes
C. Bibliography.

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