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Contentious Probate Claims 2nd ed

ISBN13: 9780414042919
Previous Edition ISBN: 0421849401
To be Published: December 2024
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £105.00

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

Wills and Probate
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
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;
Enforcement of orders and terms of settlement
Funding Probate Claims;