Issues in Contentious Probate

Webinar date 19 May 2022 1:00 PM
Password: 317677
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OVERVIEW Contested probates are becoming more common as beneficiaries and potential beneficiaries become increasingly aware of the possibility of contesting wills or intestacies. This course is aimed at practitioners who are new to the subject and it will discuss the more commonly arising issues of contention in probate matters.The webinar will give an overview of the main challenges in probate disputes, including validity challenges and claims under the Inheritance (Provision for Family and Dependants) Act 1975. LEARNING OUTCOMES 1. The legal principles in the Banks v Goodfellow. 2. The recent discussion in the case law about insane delusion, particularly focusing on the appeal decision in Re Clitheroe 3. The extent to which doubts about capacity make a difference to challenges based on undue influence and a lack of knowledge and approval 4. The assessment of the weight to be attached to evidence given by a professional who drew up a disputed will 5. The use and limitations of expert evidence after the testator’s death, and the question of when the best time is to seek it 6. Gathering evidence from lay witnesses once a dispute has arisen or seems likely