Full Description
This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including:
removal of executors
probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence and fraudulent calumny
associated claims, including Inheritance Act claims, interpretation and rectification of wills and proprietary estoppel claims.
In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the Civil Procedure Rules, the author gives an account of costs management and considers all alternative dispute resolution options. This includes detailed discussion of the mediation process and of mediation advocacy, as seen through the eyes of a leading practising barrister who is also a specialised mediator.
Practitioners will also benefit from a concise appendix featuring contributions from Dr Hugh Series on mental disorders and from Ellen Radley on forensic examination of handwriting and questioned documents, as well as helpful precedent pleadings.
Contents
1. Introduction; 2. Preliminary steps; 3. Probate disputes; 4. Associated claims; 5. Litigation; 6. Costs; 7. Alternative dispute resolution; 8. Tax-efficient settlement of probate disputes; Appendices.
