Contentious Probate Claims
CONTENTIOUS PROBATE CLAIMS by Andrew Francis and Hedley Marten
|Author||Andrew Francis and Hedley Marten|
|Publication Date||Dec 2003|
|Publisher||Sweet & Maxwell Ltd|
Contentious Probate Claims is a highly practical work that guides the practitioner through the law and procedure of contesting the validity of a will. It explains what contested probate is and how it relates to the non-contentious probate system and other relevant areas. The book shows how to challenge a will and takes the user through each stage of the proceedings. It also includes a chapter on testamentary capacity.
- Sets out the substantive law in a clear and readable manner
- Provides clear, straightforward guidance on an increasingly complex and technical area of law
- Takes the practitioner through evidence and procedure step-by-step
- Covers CPR Part 57 and also the jurisdiction of the Family Division (Probate) under the Non-Contentious Probate Rules
- Shows how to prepare a case, both pre-trial and at trial
- Includes guidance on alternative dispute resolution methods including mediation
- Offers guidance on costs
- Contains all relevant statutory material and Rules, protocols, precedents, pleadings and forms, and case summaries of recent key case law
- Includes checklists to ensure each stage is completed correctly
TABLE OF CONTENTS
- Interest claims.
- Lack of testamentary intention.
- Lack of due execution.
- Lack of testamentary capacity.
- Lack of knowledge and approval.
- Undue influence.
- Fraud and forgery.
- Mistake and rectification.
- The rules as to starting claims.
- Dealing with claims once started; pre-trial.
- The final hearing.
- Discontinuance and compromise.
- Orders which the court can make.
- Enforcement of orders and terms of settlement.
- Funding probate claims.
- Appendices: legislation; CPR; forms; letters.
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