Contested Wills - Exploring Pre-Action Considerations & Standstill Agreements
Introduction
If your client is concerned about the validity of a will, they will likely be emotional following the death of the testator and also be faced with the high evidential burden of disproving a will.
A clear pre-action plan where a disputed will is alleged will reassure a distressed client, protect your client’s interests, and make sure that you are well prepared should proceedings follow.
Preparing properly takes time and it therefore may be necessary to enter into a standstill agreement to avoid limitation disputes.
This webinar will take you through the key steps to follow during the pre-action phase and will guide you through the important points of a standstill agreement, exploring cases and legislation along the way.
What You Will Learn
This webinar will cover the following:
- What to do if you cannot obtain the original final will?
- When is revocation presumed and what to do if the holder of the will refuses to reveal it
- The circumstances in which a copy will may be accepted for probate
- How to stop a grant of probate being obtained
- Entering a caveat and the procedure that follows
- Key evidence to collate to support your case
- The different types of evidence to search for
- Larke v Nugus requests
- A look at a recent judgment concerning how the court will weigh contemporaneous evidence against forensic expert evidence
- Pre-action guidance to be followed
- The expectation that the court will have regarding conduct before issuing proceedings
- The guidance to follow in the absence of a specific protocol for pre-action conduct for contentious probate
- Limitation and standstill agreements
- The doctrine of laches
- When to use a standstill agreement
This webinar was recorded on 12th December 2022
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