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This new edition of 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.
This second edition details the issues that personal representatives must deal with, including grounds for their removal and replacement; lifetime testamentary dispositions and claims; the challenges that can be made in relation to them, and the new measures introduced in relation to the execution and attestation of a will as a result of the COVID-19 pandemic. It also specifically covers wills procured as a result of fraud.
This book supplies guidance as to best practice and sets out examples from recent case law to illustrate the legal requirements and the problems which can arise from poor will drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix and their capacity to make a will. New chapters are included on burial disputes and personal representatives. The chapter on procedure for making applications has been expanded to include pre-action steps and disclosure generally. A comprehensive commentary on liability for costs has also been added.
…an ideal text for the experienced adviser who needs a refresh on the areas that give rise to potential disputes, practical matters to consider and how claims are made….a worthwhile addition to the library…guides the reader through the issues logically and reassuringly...deftness in helping readers navigate complex and tricky subjects such as testamentary capacity and constructive trusts…good to see coverage of less common subjects such as burial disputes and forgery. Their inclusion is of real value as discussion of these areas can often be lacking in texts covering disputes….If you do find this text on your shelf, it will no doubt provide reassurance when there is a knotty matter to resolve by pointing you in the right direction.
Law Gazette (Review of previous edition)
A welcome updated second edition covering probate disputes for 2020s…offers lawyers excellent common-sense guidance as to best practice…"
From a review by Elizabeth Robson Taylor and Phillip Taylor MBE, Reviews Editor, “The Barrister’