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Contentious Probate Handbook: Practice and Precedents

ISBN13: 9781784460600
Published: October 2016
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback & CD-ROM
Price: £79.95

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This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including:-

  • removal of executors and trustees
  • probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence, and fraud and forgery
  • sham trusts and foundations
  • Inheritance Act claims
  • interpretation and rectification of wills
  • beneficial interest and proprietary estoppel claims.
In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the CPR, the author gives an account of costs management, and considers all ADR options. Practitioners will also benefit from contributions from Dr Hugh Series on mental disorders, and from Ellen Radley on forensic examination of handwriting and questioned documents.

The concise appendix contains helpful precedent letters, pleadings and orders, which are also included on the accompanying CD-ROM.

Wills and Probate
1. Introduction
2. Preliminary steps
3. Removal of executors and trustees
4. Probate disputes
5. Inheritance Act claims
6. Interpretation and rectification of wills
7. Beneficial interest and proprietary estoppel claims
8. Litigation
9. Costs
10. Alternative Dispute Resolution

Appendix: A: Precedents
B. Notes
C. Bibliography.