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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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UK Public Holiday Monday 28th May

Wildy's will be closed on Monday 28th May, re-opening on Tuesday 29th.

Online book orders received during the time we are closed will be processed as soon as possible once we re-open on Tuesday.

As usual credit cards will not be charged until the order is processed and ready to despatch.

Any Sweet & Maxwell or Lexis eBook orders placed after 4pm on the Friday 25th May will not be processed until Tuesday May 29th. UK orders for other publishers will be processed as normal. All non-UK eBook orders will be processed on Tuesday May 29th.

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Contentious Probate Claims 2nd ed

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ISBN13: 9780414042919
Previous Edition ISBN: 0421849401
To be Published: December 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £79.00



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

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Subjects:
Wills and Probate
Contents:
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