Contested Wills & Estates - The Latest Case Law & Developments

Introduction

Disputes about wills and the administration of estates are responsible for a regular flow of published judgments from the High Court, plus a larger number of cases that come to court but which either do not reach the stage of a written judgment at all or are transferred to the County Court where judgments are seldom published widely. Many more disputes are settled out of court, where to negotiate effectively practitioners rely on their knowledge of how such disputes are resolved by the courts.

This virtual classroom seminar is intended primarily to focus on what can be learned from recent cases on issues that frequently arise in practice: challenges to the validity of wills, disputes about how an estate should be administered and under whose control, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Recent developments in the procedural rules and court practice will also be covered as appropriate.

This session is run at periodic intervals. The material is refreshed shortly before the session is run, in order to stay up to date, and is intended to focus almost exclusively on cases and developments from within the 24 months up to when the session is delivered.

What You Will Learn

This live and interactive course will cover the following:

• Recent caselaw on the principled approach to determining testamentary capacity, which is the main focus in many probate disputes, including lessons to be learned about the nuances of the Banks v Goodfellow test and how these issues are contested and decided in practice.
• Notable recent cases involving allegations of undue influence, with a focus on the recurring themes in challenges which do not succeed and comparisons with challenges that succeed at trial where both sides are professionally represented.
• Notable recent cases involving other kinds of probate dispute, such as non-compliance with formality requirements, forgery, and want of knowledge and approval.
• Recent reported judgments on the costs consequences of probate claims, including attempts by unsuccessful parties to avoid the usual consequences.
• Recent cases on other frequently encountered kinds of estate disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975, the removal of personal representatives, applications for ‘put up or shut up’ orders, and dealing with estate accounts.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.