Disclosure in Will & Trust Disputes - Practical Guidance for Contentious Probate Practitioners

Introduction

Will and trust disputes continue to rise year on year, with no sign of slowing down. These claims are increasingly common and often highly complex, reflecting the growing pressures on modern private client practice.

A combination of factors is driving this trend, including increased intergenerational wealth transfer, evolving and complex family structures, an ageing population, rising concerns around capacity issues and financial abuse, as well as a continued prevalence of poorly drafted wills. In many cases, these disputes arise while families are still processing grief, adding further emotional and practical complexity.

As litigation in this area becomes more frequent, effective and timely disclosure has never been more critical, particularly from the earliest stages of client engagement. This new virtual classroom seminar will examine disclosure rules and obligations within private client disputes, offering clear guidance and practical insights to help practitioners manage risk and navigate sensitive family dynamics.

Register today to strengthen your understanding of disclosure in will and trust disputes and gain practical tools to approach these challenging cases with greater confidence and clarity.

What You Will Learn

This live and interactive course will cover the following:

• Disclosure in initial investigations, including:
• Will challenges and disputes
• Trust disputes
• Other private client and contentious probate matters
• Pre-action disclosure and key considerations, including:
• Pre-action conduct and relevant protocols
• Acting for personal representatives
• Acting for beneficiaries
• Electronic disclosure, legal privilege, and data protection issues
• Court procedure in will and trust disputes, including:
• Part 7 and Part 8 of the Civil Procedure Rules 1998
• Claims under Part 57 of the Civil Procedure Rules 1998
• Claims under Part 64 of the Civil Procedure Rules 1998
• Relevant guidance in the Business and Property Courts
• Stages and types of disclosure, including:
• Disclosure duties and obligations
• Initial disclosure
• Disclosure Review Document (‘DRD’)
• Documents referred to in evidence
• Sanctions for non-compliance with disclosure obligations
• Additional disclosure issues, including:
• Specific disclosure
• Third party disclosure
• Illegally obtained disclosure
• Covert recordings
• Artificial intelligence in disclosure and document review processes
• The future of disclosure, including potential reform and procedural developments

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.