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Probate Disputes and Remedies 3rd edition

Practical and in-depth guidance to the law and procedure of contentious probate.
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£91.99
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ISBN/ISSN: 9781846618512

Product description

Why should you buy Probate Disputes and Remedies

Provides clear, practical and in-depth guidance to the law and procedure of contentious probate work. Adopting a problem-solving approach the authors highlight specific difficulties that are likely to be encountered in practice, discuss the advantages and disadvantages of each course of action and point out the potential pitfalls along the way.

The work deals with the following matters:

  • Disputed lifetime transactions and the Court of Protection 
  • Coroners' inquests and burial disputes 
  • Obtaining the grant - dispute and resolution 
  • Disputes relating to the will 
  • Estate administration disputes 
  • Disappointed beneficiary claims 
  • Creditor claims and insolvent estates 
  • Claims against professional advisers

This new edition has been extensively revised throughout and includes new material such as:

  • New chapter on Mutual Wills 
  • European Succession Regulations (Brussels IV) 
  • Many chapters have new 'Practice and Procedure' section 
  • Includes all new case-law such as Kernott v Jones, Perrins v Holland, Barrett v Bem, Curati v Perdoni, Re D (Statutory Will), Futter v Futter, Futter v HMRC, Ilot v Mitson, Iqbal v Ahmed, Marley v Rawlings, Burgess v Hawes, Greaves v Stolkin, PGF II SA v OMFS 
  • New coroners regime (Coroners and Justice Act 2009)

Expertly drafted precedents including model letters and pleadings which provide the reader with a time-saving and practical resource.

Contributors

Georgina Bayley; Claire Blakemore; Paola Fudakowska; Geoffrey Kertesz; Sue Medder; Isabel Moreton; Luca Del Panta; Robin Paul; Stephen Richards; Natasha Stourton, All Withers LLP; Russell Beard, Laytons; Andrew Holden; Matthew Watson , Barristers, both XXIV Old Buildings

Preface

The first edition of Probate Disputes and Remedies was published in 1997 and the second edition in 2008. The preface to the first edition described probate disputes as a growing phenomenon. That growth has continued as is witnessed by the growth of the Association of Contentious Trust and Probate Specialists, established shortly after publication of the first edition. Little said in the preface to the first edition does not ring as true 17 years later. The emphasis in the Civil Procedure Rules on resolving disputes by alternative routes to a full trial means that the vast majority of probate disputes are resolved in one way or another without seeing court. The Jackson reforms, particularly those concerning costs, are likely to reinforce that trend – although they bring with them fresh difficulties for practitioners. Read the full preface...

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Table of contents

  • Dedication – Brendan Hall deceased
  • Preface
  • Preface to the First Edition
  • Table of Cases
  • Table of Statutes
  • Table of Statutory Instruments
  • Part I - Pre-Death Issues
    • Disputes Arising out of Lifetime Transactions
    • Court of Protection
  • Part II - Death and Burial Disputes
    • Coroners’ Investigations
    • Disputes – Burial and Ashes
  • Part III - Obtaining the Grant – Disputes and Resolutions
    • Obtaining the Will
    • Entitlement to the Grant and Applications to Remove Personal
      Representatives 
    • Blocking the Grant: Caveats
    • Limited and Discretionary Grants 
    • The Foreign Element
  • Part IV - Problems with the Will
    • Rectification
    • Construction
    • Validity Disputes
  • Part V - Disputes in the Estate Administration
    • Claims against Personal Representatives 
    • Disappointed Beneficiary Claims: Proprietary Estoppel and
      Constructive Trust Claims
    • Mutual Wills
    • Disappointed Beneficiary Claims: Claims under the Inheritance
      (Provision for Family and Dependants) Act 1975 
    • Disappointed Beneficiary Claims: Fatal Accident Claims 
    • Creditor Claims and Insolvent Estates 
    • Tax Evasion, Foreign Taxes and Criminal Matters
  • Part VI - Claims against Professional Advisers
    • Claims against Professional Advisers
  • Appendices
    • Probate Disputes
    • Sample Documents and Materials
  • Index
Read the full contents