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Contentious Probate Claims, 2nd Edition

Coming Soon Contentious Probate Claims, 2nd Edition

Contentious Probate Claims, 2nd Edition

作者： Andrew Francis
出版商： Sweet & Maxwell U.K.
ISBN: 9780414042919
出版时间 December 2025
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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Contentious Probate Claims guides the practitioner through all aspects of the law and procedure involved in contesting the validity of a will. It explains what contested probate is and how it relates to the noncontentious probate system and other relevant areas. It demonstrates how to challenge a will and takes the reader through each stage of the proceedings.
- Sets out the substantive law in a clear and readable manner
- Offers guidance on how to assess the merits of a case before making or defending a claim
- Shows how to prepare a case step-bystep, going through the forms which must be used, how they should be completed and served
- Clarifies evidence, both pre-trial and at trial
- Advises on conduct of the final hearing
- Explains the orders the court can make
- Deals with enforcement of orders and appeals
- Covers the issues from both claimant and defendant perspectives
- Includes guidance on alternative dispute resolution methods including mediation
- Looks at costs issues
- Contains all relevant Rules, protocols, precedents, pleadings and court claim forms
- Includes checklists to ensure each stage is completed correctly
- Incorporates new case law, such as Sherrington v Sherrington, the updated Contentious Probate Rules, and the impact of the Mental Capacity Act 2005
Part One: The Law:
- Challenging the will;
- Interest claims;
- Lack of testamentary intention;
- Lack of due execution;
- Lack of testamentary capacity;
- Lack of knowledge and approval;
- Undue influence;
- Fraud and forgery Revocation;
- Related non-probate claims
Part Two: Procedure:
- The rules as to starting claims
- Dealing with claims once started;
- The final hearing;
- Discontinuance and compromise
- Orders which the court can make;
- Costs
- Enforcement of orders and terms of settlement
- Funding Probate Claims;
- Appeals
- Appendices

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