Probate Disputes and Remedies provides clear, practical and in-depth guidance to the law and procedure of contentious probate. Adopting a problem-solving approach the authors highlight specific difficulties that are likely to be encountered in practice, discuss the advantages and disadvantages of each course of action and point out the potential pitfalls along the way.

The work deals with the following matters:

Dawn Goodman, Partner, Withers LLP
Brendan Hall, Laytons
Paul Hewitt, Partner, Withers LLP
Henrietta Mason, Solicitor, Withers LLP

With contributions from
Claire Blakemore, Clive Cutbill, Peter Leckey, Robin Paul, Stephen Richards all Withers LLP and Geraint Thomas, Laytons

Pre-death Issues

• Disputes Arising Out Of Lifetime Transactions
• Court of Protection

Death and Burial Disputes

• Coroners’ Inquests
• Disputes –Burial and Ashes
  

Obtaining the Grant –Disputes and Resolutions

• Obtaining the Will
• Entitlement to the Grant
• Blocking the Grant: Caveats
• Limited and Discretionary Grants
• The foreign element
  

Problems with the Will

• Rectification
• Construction
• Validity Disputes
  

Disputes in the Estate Administration

• Claims against Personal Representatives
• Disappointed Beneficiary Claims: Proprietary Estoppel and Constructive Trust Claims
• Disappointed Beneficiary Claims: Claims under the Inheritance (Provision forFamily and Dependants) Act 1975
• Disappointed Beneficiary Claims: Fatal Accident Claims
• Creditor Claims and Insolvent Estates
• TaxEvasion, Foreign Taxesand Criminal Matters
  

Claims Against Professional Advisers

Appendices

• Ancillary Relief Cases since White v White
• Precedents and Materials
  
  

"a book that can be recommended widely for those involved in probate practice, even for those who would not regard themselves as normally being involved in contentious probate matters ... The information in this book will be a considerable help in avoiding disputes escalating beyond the point of reasonable settlement or even preventing the dispute occurring in the first place ... a useful appendix of forms and precedents ... provides a wealth of material ... a very accessible book, which works well"
STEP Journal

"an ideal companion ... includes a number of excellent precedents which can be quickly adapted ... superbly written ... well balanced ... excellent precedents ... excellent value for money"
Student Law Journal

"clear and easy to follow"
Law Society PS Magazine