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