Contested Statutory Wills - Procedural Guidance, Practical Tips & Recent Case Law

Introduction

Statutory will applications are a regular feature of Court of Protection practice but can quickly become contentious, especially where family dynamics, complex assets, or disputed capacity assessments are involved.

With an increasing awareness of these applications by potential beneficiaries and rising litigation around capacity and best interests, it is more important than ever for practitioners to understand how to pre-empt and navigate disputes.

This new virtual classroom seminar will provide an in-depth look at contested statutory will applications, including recent case law, procedural guidance, and practical tips for managing risk and advising clients.

Following the session, you will be better equipped to spot red flags, advise on the prospects of challenge, and present or defend a statutory will application effectively.

It is suitable for private client litigators and Court of Protection practitioners, as well as accountants and financial advisers working with vulnerable clients or dealing with estate planning issues.

What You Will Learn

This live and interactive course will cover the following:

• When to make a statutory will application in a contentious context
• Preparing statutory will applications: the evidence required
• Tactics for progressing a contested statutory will case efficiently
• Common evidential and procedural pitfalls - and how to avoid them
• The court’s approach to ‘balance sheet’ decision-making in contested cases
• Case law - significant decisions and what they mean for practice
• Mediation and settlement of statutory will disputes
• Costs in contested statutory will applications

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.