Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
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A Practitioner's Guide to Probate Disputes (Hardcover)
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A Practitioner's Guide to Probate Disputes (Hardcover)
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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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