Estate DisputesENG
The Estate Disputes publication deals with all manner of contentious probate topics, from contesting a will to missing people and presumed death.
2 Matter Plans
Overview
The Estate Disputes publication deals with all manner of contentious probate topics, from contesting a will to missing people and presumed death.
Comprising two guides, Estate disputes – Acting for the claimant and Estate disputes – Acting for the defendant, the publication contains all the commentary, precedents, and forms needed to deal with:
- propounding, challenging, and rectifying a will;
- interest actions;
- substituting or removing a personal representative;
- revoking a grant;
- proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, the Presumption of Death Act 2013, and the Guardianship (Missing Persons) Act 2017.
The guides also cover the process of locating a will.
Precedents provided with this publication include:
- Applications for orders to produce documents;
- Subpoenas for a will;
- Caveats;
- Citations;
- Standing searches;
- Freezing injunctions;
- Beddoe orders.
The comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.
Ready To Use Resources
Choose from ready-to-use legal documents within this Publication.
2 Matter Plans Included
- ALERTS - Nil“”
- Full Commentary - Estate Disputes - Acting for the Claimant“null”
- Reference materials
- Overview and limitation periods“This commentary covers the law and procedure involved with the main types of claims brought against an estate, known as contentious probate business. Non-contentious probate business is covered in the Probate and Letters of Administration guides.”
- Summary of the process“The usual steps in acting for a claimant in an estate dispute matter are:”
- A. Getting the matter underway
- B. Preparatory casework and letters before claim
- C. Settling the matter
- D. Claims including content for statements of case
- E. Court practice and procedure
- F. Statements of case, filing and service
- G. Interim applications
- H. Case management and directions
- I. Disclosure and evidence
- J. Final hearing and costs
- K. Finalising the matter
- Further information“”
- Comments and suggestions for By Lawyers“null”
Our Authors
More than 50 legal professionals have contributed to By Lawyers' publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
Meet Our Authors