Full Description
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.
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
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
Statutory material
Precedents
