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Vol 21 No 11 Nov/Dec 2016

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A Practitioner's Guide to Probate Disputes


ISBN13: 9780854901371
Published: January 2016
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £69.00



In stock.

Disputes over wills and other testamentary dispositions are on the increase. A Practitioner's Guide to Probate Disputes provides an invaluable guide to the relevant legal framework and the basis on which a will and other testamentary provisions may be challenged.

The book comprehensively covers issues relating to the form and content of a will and its execution, including testamentary capacity, knowledge and approval. With the increase in the ageing population, issues such as undue influence, fraud and forgery are recurrent grounds for dispute.

The book also features the more usual lifetime testamentary dispositions and the claims and challenges that can be made in relation to them. It also includes an overview of the claims that can be made under the Inheritance (Provision for Family and Dependants) Act 1975. It provides guidance as to best practice and sets out examples from case law to illustrate the legal requirements and the problems which can arise from poor drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix.

A commentary on disputes which may arise over the burial of the body and the relevance of the rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms is also covered.

Subjects:
Wills and Probate, Wildy, Simmonds and Hill
Contents:

Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Conventions

1. Introduction
2. Form, Content and Interpretation of a Will
3. Execution of a Will
4. Testamentary Capacity
5. Knowledge and Approval
6. Undue Influence
7. Forgery
8. Burial Disputes
9. Rectification
10. Revocation of a Will
11. Lifetime Agreements and Gifts
12. Jointly Owned Assets and Assets Held on Constructive Trust
13. Claims under the Inheritance (Provision for Family and Dependants) Act 1975
14. Procedure
15. Statutory Wills

Appendices
A Statutory material
B Precedents

Index

Series: Wildy Practitioner's Guide

A Practitioner's Guide to Wills 4th ed ISBN 9780854902040
To be published January 2017
Wildy, Simmonds and Hill Publishing
£69.00
A Practitioner's Guide to Mental Health Law ISBN 9780854901142
Published October 2014
Wildy, Simmonds and Hill Publishing
£55.00
A Practitioner's Guide to Probate and the Administration of Estates 3rd ed ISBN 9780854901067
Published June 2012
Wildy, Simmonds and Hill Publishing
£69.00
A Practitioner's Guide to Wills 3rd ed ISBN 9780854900725
Published October 2010
Wildy, Simmonds and Hill Publishing
Out of print