How to Handle Validity Challenges & Claims under the 1975 Act - A Guide for Private Client Professionals

Introduction

This half day course is designed to help you prepare and protect against claims challenging the validity of a client’s will or estate under the 1975 Act.

You will learn practical tips and precedents that will help you to understand and navigate through an ever increasing growth in litigation.

The focus of the course is to provide a tool kit with case examples, sample documents and materials to use not only to advise your clients but to adopt best practice internally.

What You Will Learn

This introductory level course will cover the following:

• How to record your will instructions in anticipation of a claim
• Responding to a Larke v Nugus letter; what do contentious probate solicitors look for?
• Your duties to the deceased and dealing with the executors when faced with a claim
• How to respond to subpoenas
• When and how to lodge and remove caveats and points to take and those to avoid
• Revocation and practical points to note
• Ademption
• Avoiding a claim under the 1975 Act; points to raise with your client. Are discretionary trusts enough?
• A run through the pre action protocol and the use of ACTAPS