A Practitioner's Guide to Probate Disputes

Erscheinungsjahr 2016
ISBN: 978-0-85490-137-1
Verlag: Wildy & Sons

Buch, Englisch, 294 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 550 g

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.

Autoren/Hrsg.

Pearce, Nasreen

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Table of Cases

Table of Statutes

Table of Statutory Instruments

Table of Conventions

1 Introduction

2 Form, Content and Interpretation of a Will

3 Execution of a Will

4 Testamentary Capacity
5 Knowledge and Approval
6 Undue Influence
7 Forgery
8 Burial
9 Rectification
10 Revocation of a Will
11 Lifetime Agreements and Gifts
12 Jointly Owned Assets and Assets Held on Constructive Trust
13 Claims under the Inheritance (Provision for Family and Dependants) Act 1975
14 Procedure
15 Statutory Wills

Appendices

Statutory material
Precedents

Über Autor(innen)

Pearce, Nasreen
The author is a retired circuit judge and was formerly a district judge of the Principal Registry of the Family Division. She is the General Editor and major contributor of Emergency Remedies in the Family Courts, a contributor to the Family Court Practice and LexisNexis on Wills Probate and Administration Service and Finance & Law for the Older Client and author of Adoption Law Manual, Change of Name and Inheritance Act Claims (Wildy, Simmonds & Hill Publishing).