Contentious Probate Claims

CONTENTIOUS PROBATE CLAIMS by Andrew Francis and Hedley Marten

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

1. Introduction.
2. Interest claims.
3. Lack of testamentary intention.
4. Lack of due execution.
5. Lack of testamentary capacity.
6. Lack of knowledge and approval.
7. Undue influence.
8. Fraud and forgery.
9. Revocation.
10. Mistake and rectification.
11. The rules as to starting claims.
12. Dealing with claims once started; pre-trial.
13. The final hearing.
14. Discontinuance and compromise.
15. Orders which the court can make.
16. Costs.
17. Enforcement of orders and terms of settlement.
18. Funding probate claims.
19. Appeals.
20. Appendices: legislation; CPR; forms; letters.