A Practitioner's Guide to Probate Disputes

ISBN-10: 085490137X
ISBN-13: 9780854901371
Category: Probate law and practice
Pages: 294
Language: English
Published: 2015-07-31
Author: Nasreen Pearce

Description

Disputes over wills and other testamentary dispositions are on the increase. 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. The book comprehensively covers issues relating to the form and content of a will and its execution, including testamentary capacity, knowledge and approval. With the increase in the ageing population, issues such as undue influence, fraud and forgery are recurrent grounds for dispute. The book also features the more usual lifetime testamentary dispositions and the claims and challenges that can be made in relation to them. It also includes an overview of the claims that can be made under the Inheritance (Provision for Family and Dependants) Act 1975. It provides guidance as to best practice and sets out examples from case law to illustrate the legal requirements and the problems which can arise from poor drafting and a failure to investigate sufficiently all the circumstances relating to the testator/testatrix. A commentary on disputes which may arise over the burial of the body and the relevance of the rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms is also covered.

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