A practitioner's guide to probate disputes

Full Title:

A practitioner's guide to probate disputes

Author:

Pearce, Nasreen.

Statement of Responsibility:

Nasreen Pearce

Edition:

2nd edition

Language:

English

Description:

xxxvi, 304 p.

Summary:

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...

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Summary:

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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.

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Contents:

• Table of Cases; • Table of Statutes; • Table of Statutory Instruments; • Table of Conventions • INTRODUCTION • FORM, CONTENT AND INTERPRETATION OF...

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Contents:

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• Table of Cases; • Table of Statutes; • Table of Statutory Instruments; • Table of Conventions • INTRODUCTION • FORM, CONTENT AND INTERPRETATION OF A WILL; • EXECUTION OF A WILL; • TESTAMENTARY CAPACITY; • KNOWLEDGE AND APPROVAL; • UNDUE INFLUENCE; • FORGERY; • REVOCATION OF A WILL; • RECTIFICATION; • BURIAL DISPUTES; • LIFETIME AGREEMENTS AND GIFTS; • JOINTLY OWNED ASSETS AND ASSETS HELD ON CONSTRUCTIVE TRUST • CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975; • CLAIMS AGAINST, AND REMOVAL OF, PERSONAL REPRESENTATIVES • PROCEDURE; • STATUTORY WILLS; • APPENDICES; • A STATUTORY MATERIAL • A1 Wills Act 1837; • A2 Administration of Justice Act 1982 (extracts); • B PRECEDENTS • B1 Non-Contentious Probate Rules 1987 (SI 1987/2024) – • First Schedule, Form 3 Caveat; • B2 Non-Contentious Probate Rules 1987 (SI 1987/2024) – • First Schedule, Form 4 Warning to Caveator; • B3 Non-Contentious Probate Rules 1987 (SI 1987/2024) – • First Schedule, Form 5 Appearance to Warning or Citation; • B4 Affidavit of Service of Warning and of Non-receipt of Summons for Directions; • B5 Witness Statement/Affidavit about Testamentary Documents; • B6 Some Examples of Undue Influence to be Set Out in the Particulars of Claim; • B7 Defence Limited to Putting the Personal Representative to Proof of the Will; • B8 Defence Alleging Want of Due Execution: Lack of Testamentary Capacity; • C PRACTICE GUIDANCE • C1 ACTAPS Practice Guidance for the Resolution of Probate and Trust Disputes (ACTAPS Code)

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Publisher & Date:

London : Wildy, Simmonds & Hill publishing, 2022.

Date of Publication:

2022

Publisher:

Wildy, Simmonds & Hill publishing

Classification:

GB 124.1

ISBN:

9780854902903