Avoiding Claims Against the Estate - Key Issues & Recent Case Law Explored

Introduction

Contentious probate claims and other kinds of claims against estates, such as proprietary estoppel, alleged deathbed gifts, and claims under the Inheritance (Provision for Family & Dependants) Act 1975 are a notorious threat to the fulfilment of testators’ wishes. It is imperative that private client solicitors give thought and consideration to potential claims that may be made against a client’s estate by those who hope to benefit.

This new virtual classroom seminar will look at the key things (other than tax planning) you should consider while acting for a client making plans for their estate, and when acting for their personal representative(s) after their death, with a view to avoiding claims being made or at least mitigating the risks.

What You Will Learn

The session will cover the following:

• Steps that can be taken in your client’s lifetime that will help reduce the chances of a challenge to the validity of the will or other common kinds of claim being made, or at least successfully made, after their death
• Larke v Nugus requests and pre-action disclosure
• Claims for Benjamin orders and ‘put up or shut up’ orders
• The effective use of ‘no-contest’ clauses
• Responding to threatened claims under the 1975 Act
• Examples of recent cases and steps that could have been taken to avoid the litigation in the first place

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.