This book provides clear, practical, and in-depth guidance to the
law and procedure of contentious probate in the UK. Adopting a
problem-solving approach, this third edition highlights specific
difficulties that are likely to be encountered in practice. It
discusses the advantages and disadvantages of each course of action
and points out the potential pitfalls along the way. Points of
discussion include: disputed lifetime transactions and the court of
protection in the UK * 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 * expertly drafted precedents,
including model letters and pleadings, which provide the reader
with a time-saving and practical resource.
General
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Review This Product
Practical in-depth guidance....
Wed, 23 Apr 2014 | Review
by: Phillip T.
TO THE LAW AND PROCEDURE OF CONTENTIOUS PROBATE
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
If you are a practitioner involved in contentious probate work, you deserve every sympathy. There are quite a few lawyers out there who would run a mile rather than deal with probate disputes involving disgruntled beneficiaries, or squabbling creditors, plus all the other problems that can and do accrue in connection with a will. However if all this is your lot in life, this book is on hand to help you.
Recently published by Jordans, ‘Probate Disputes and Remedies’ is the new updated edition of this well established work of reference, first published in 1997. It now addresses what the authors have referred to as ‘a growing phenomenon’ which, in view of the increasing number of probate disputes, still keeps growing. The popularity of home ownership, together with increasingly complicated family relationships, are -- to a large extent -- just two of the factors which lie at the heart of probate disputes.
The book is divided into six parts, comprehensively covering such areas as pre-death issues, death and burial disputes and obtaining the grant, including securing the will. Part IV deals with the whole panoply of problems connecting with the will, including validity disputes, creditor claims and claims made by disappointed beneficiaries. There is also a chapter here on tax evasion, foreign taxes and criminal matters.
Those with a global practice will also find the chapter on ’the foreign element’ very useful. It deals, for example, with English deceased with foreign assets. Finally, Part VI examines in detail, the issues and remedies connected with claims against professional advisers, from fully qualified solicitors to will-writers, all of whom, by the way, are charged with the same professional responsibilities involved in the accurate drafting of wills.
With the needs of hard-pressed practitioners very much in mind, the book features numbered paragraphs throughout, a detailed table of contents, an index and two appendices, one of probate disputes; the other containing sample documents. Those doing further research will also appreciate the extensive tables of cases, statutes and statutory instruments.
Almost without a doubt, it is an understatement to say that this book is indispensable for those practicing in this complicated and sensitive area of law. Certainly the book should be considered an essential acquisition for every practitioner’s library.
The law is stated as correct as at 23 February 2014.
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