Tolley's Contentious Probate Handbook

Inheritance (Provision for Family and Dependants) Act 1975: introduction, historical overview, 1938 Act, 1952 and 1958 Acts, maintenance, 1975 Act rationale, preliminary conditions for a claim, applications for financial provision before grant of probate or letters of administration obtained, applications for leave to apply out of time, human rights act; Woolf Reforms - Inheritance Act claims, pre-action disclosure part 31, preservation of the estate part 25C - who can apply?, the deceased's wife or husband, cohabitants, cohabitants as applicants, former spouses who have not remarried, children (adult or minor), children of the family, other persons who immediately before death were being maintained by the deceased; What proof does the applicant have to provide? - has there been "reasonable financial provision"?, if not, should provision be made?, if provision is to be made, what is the appropriate form of order?; What property is available to applicants?; Evidence and other matters; Jurisdiction; Procedure order 99 - the High Court, the application, parties, witness statement in answer, Chambers or Open Court?, endorsement of memorandum on grant, enforcement under the Act, county court costs. Contentious Probate: introduction; general observations on will drafting - will versus intestacy, essential questions, formal requirements for a valid will, detailed consideration of section, Wills Act 1837 (as substituted by AJA 1982 section 17) signing and attestation of wills, uncertainty, forfeiture, revocation; methods of attack, lack of due execution of the will, lack of testamentary capacity, undue influence, beneficial interest under resulting or constructive trust, lack of knowledge and approval, claim under the Inheritance (Provision for Family and Dependants) Act 1975, revocation; special cases - conditions attached to wills, proprietary estoppel, barristers immunity from being sued for negligence, loss arising from investment decision, mutual wills, summary judgment in contentious probate, conflicts of interest; Woolf - the overriding objective, disclosure of documents, are you ready to manage your expert?, the major changes, costs, assessment of costs; Part 57 and the practice direction; the practitioner's tools - Law Society ruling September 1959 Larke v Nugus, interrogatories RSC Order 26, citations, caveats, subpoena procedure, Section 116 Supreme Court Act 1981; the types of probate action - probate action re validity of a testamentary discount, action regarding interests, actions regarding the revocation of a grant, action for the removal of the personal representative, appointment of a judicial trustee, breach of trust or breach or fiduciary duty?, administration actions Order 85 RSC, Beddoe summonses, rectification under section 20 AJA 1982, claims against solicitors, Re: Benhams will trusts, will drafting after Benham; alternative dispute resolution - Introduction, what is alternative dispute resolution?, (Part contents).