Home >
Law >
Wills / Probate / Trusts >
Probate Disputes and Remedies, 2nd Edition

Probate Disputes and Remedies, 2nd Edition

Author: Dawn Goodman; Brendan Hall; Paul Hewitt; Henrietta Mason
Publisher: LexisNexis U.K.
ISBN: 9781846610400
Published In: March 2008
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author
Reviews

Details

Expertly drafted precedents including model letters and pleadings provides you with a time-saving and practical resource.

Probate Disputes and Remedies provides clear, practical and in-depth guidance to the law and procedure of contentious probate. Adopting a problem-solving approach the authors highlight specific difficulties that are likely to be encountered in practice, discuss the advantages and disadvantages of each course of action and point out the potential pitfalls along the way.

The work deals with the following matters:

pre-death issues
death and burial disputes
obtaining the grant - dispute and resolution
problems with the will
estate administration disputes
claims against personal representatives
validity claims
disappointed beneficiary claims
claims against professional advisers

Expertly drafted precedents including model letters and pleadings provide the reader with a time-saving and practical resource.

Pre-death Issues

Disputes Arising Out Of Lifetime Transactions
Court of Protection

Death and Burial Disputes

Coroners’ Inquests
Disputes –Burial and Ashes

Obtaining the Grant –Disputes and Resolutions

Obtaining the Will
Entitlement to the Grant
Blocking the Grant: Caveats
Limited and Discretionary Grants
The foreign element

Problems with the Will

Rectification
Construction
Validity Disputes

Disputes in the Estate Administration

Claims against Personal Representatives
Disappointed Beneficiary Claims: Proprietary Estoppel and Constructive Trust Claims
Disappointed Beneficiary Claims: Claims under the Inheritance (Provision forFamily and Dependants) Act 1975
Disappointed Beneficiary Claims: Fatal Accident Claims
Creditor Claims and Insolvent Estates
TaxEvasion, Foreign Taxesand Criminal Matters

Claims Against Professional Advisers

Appendices

Ancillary Relief Cases since White v White
Precedents and Materials

Dawn Goodman, Partner, Withers LLP
Brendan Hall, Laytons
Paul Hewitt, Partner, Withers LLP
Henrietta Mason, Solicitor, Withers LLP

With contributions from
Claire Blakemore, Clive Cutbill, Peter Leckey, Robin Paul, Stephen Richards all Withers LLP and Geraint Thomas, Laytons

"a book that can be recommended widely for those involved in probate practice, even for those who would not regard themselves as normally being involved in contentious probate matters ... The information in this book will be a considerable help in avoiding disputes escalating beyond the point of reasonable settlement or even preventing the dispute occurring in the first place ... a useful appendix of forms and precedents ... provides a wealth of material ... a very accessible book, which works well"
STEP Journal

"an ideal companion ... includes a number of excellent precedents which can be quickly adapted ... superbly written ... well balanced ... excellent precedents ... excellent value for money"
Student Law Journal

"clear and easy to follow"
Law Society PS Magazine