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This practical, accessible and authoritative handbook covers all aspects of the law and practice relevant to probate disputes, including:

• removal of executors and trustees
• probate disputes, including due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence, and fraud and forgery
• sham trusts and foundations
• Inheritance Act claims
• interpretation and rectification of wills
• beneficial interest and proprietary estoppel claims.

In addition to detailed guidance on claim analysis and preparation, Chancery litigation and the CPR, the author gives an account of costs management, and considers all ADR options.

Practitioners will also benefit from contributions from Dr Hugh Series on mental disorders, and from Ellen Radley on forensic examination of handwriting and questioned documents.

This concise appendix contains helpful precedent letters, pleadings and orders, which are also included on the accompanying CD.

Contents

1. Introduction  2. Preliminary steps  3. Removal of executors and trustees  4. Probate disputes  5. Inheritance Act claims  6. Interpretation and rectification of wills  7. Beneficial interest and proprietary estoppel claims  8. Litigation  9. Costs  10. Alternative Dispute Resolution  Appendix:  A. Precedents  B. Notes  C. Bibliography. 

About the Author

Carl Islam is a practising barrister at 1 Essex Court in London who specialises in contentious probate. He is also a non-practising solicitor, TEP and a SCMA Accredited Mediation Advocate.