Subjects:

Wills and Probate

Contents:

1.Problems in obtaining the grant. Entitlement to the grant. Obtaining the will. Blocking the grant: the correct use of a caveat. Limited and discretionary grants. Overcoming minor defects in the will. The foreign element. Executor do son tort.
2. Problems in administering the estate. Collecting in the assets. Discharging debts. Administering insolvent estates. Professional fees. Distribution of the estate. Resolving differences between personal representatives and beneficiaries. Resolving differences between personal representatives themselves. Applications to the court.
3. Problems in dealing with claims. Validity claims. Rectification. Mutual will claims. Proprietary estoppel and constructive trust claims. Forced heirship, community of property and similar claims. Claims under the Inheritance (Provision for Family and Dependants) Act 1975. The 1975 Act. Inheritance Act claims: interaction with other claims. Compromise and costs. Claims by or against personal representatives. Devastavit and breach of trust. Post-administration claims. Obtaining leave of the court. Disability. Disability.
4. Appendices.

Probates Disputes and Remedies offers clear, concise and in-depth guidance to the law and procedure of contentious probate. Adopting a problem-solving approach, the authors highlight the specific difficulties practitioners are likely to encounter in practice, such as how to administer an estate when litigation is pending.

They also provide useful advice on how to set about solving each difficulty. For each problem they identify and explain the various courses of action available, taking practitioners through the procedures involved. They examine the advantages and disadvantages of each course of action, pointing out potential pitfalls along the way.

• Provides answers quickly by focusing specifically on probate disputes and remedies
• Helps practitioners to avoid potentially costly litigation for their clients by highlighting potential pitfalls
• Offers tactical advice on how to solve the problems most frequently encountered in practice
• Includes sample precedents for each type of action.