Description
This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including:
- removal of executors
- probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence and fraudulent calumny
- associated claims, including Inheritance Act claims, interpretation and rectification of wills and proprietary estoppel claims.
In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the Civil Procedure Rules, the author gives an account of costs management and considers all alternative dispute resolution options. This includes detailed discussion of the mediation process and of mediation advocacy, as seen through the eyes of a leading practising barrister who is also a specialised mediator.
Practitioners will also benefit from a concise appendix featuring contributions from Dr Hugh Series on mental disorders and from Ellen Radley on forensic examination of handwriting and questioned documents, as well as helpful precedent pleadings.
About the Author
Carl Islam is a practising barrister at 1EC Barristers in London who specialises in contentious probate. He is also a non-practising solicitor, a Trust and Estate Practitioner, a mediator registered with the Civil Mediation Council, a mediation advocate accredited with the Standing Conference of Mediation Advocates (SCMA) and an advisory board member of the SCMA worldwide.Contents
1. Introduction;2. Preliminary steps;
3. Probate disputes;
4. Associated claims;
5. Litigation;
6. Costs;
7. Alternative dispute resolution;
8. Tax-efficient settlement of probate disputes;
Appendices.
Book Information
ISBN 9781784462345Author Carl Islam
Format Paperback
Pages 402
Publisher The Law Society
