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
