Will Validity Disputes - Getting the Pre-Action Stage Right

Introduction

When a client is worried about the validity of a will, they are often dealing with grief as well as the heavy burden of having to challenge the document.

In these moments, a clear and confident pre action strategy can provide much needed reassurance, protect their position, and ensure you are fully prepared if proceedings are issued.

This webinar will walk you through the essential steps to take during the pre action stage, supported by relevant case law and legislation along the way.

What You Will Learn

This webinar will cover the following:

• Categories of will validity claims
• How to stop a grant of probate being obtained - the caveat procedure
• Key evidence to collate to support your case:
• The original will - looking at Burgess v Whittle and another
• The will file - Larke v Nugus requests and the consequences of non-compliance - Addison v Niaz, Dahlman v Oxley & another
• How the Court will weigh the evidence surrounding the will
• 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 - laches and recent development of the doctrine: James v Scudamore, Stephenson v Daley

This pre-recorded webinar will be available to view from Thursday 24th September 2026

Alternatively, you can gain access to this webinar and 2,300+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.