Nottinghamshire Law Society

Contested Trusts and Probate - Newark

Rachel Gaffney and members of Freeth Cartwright

Tuesday 27 March 2012 10.00 am to 5.00 pm 6 hours CPD

at Larken & Co 10 Lombard Street Newark Nottinghamshire
Members £150 plus VAT (£180) Non members £180 plus VAT (£216)

In 2006 there were just 83 Inheritance (Provision for Family and Dependants) Act 1975 and contested probate claims issued in the Principal Registry. In 2010 there were 201 (in 2009 there were 262).In the Principal Registry alone such claims have more than doubled in this 5 year period.

This series of courses is aimed at private client practitioners advising clients on how to prevent such disputes arising and how to manage disputes that arise post death. It will also cover what steps lawyers and executors need to take to protect themselves when giving advice and dealing with estates that have become contentious. The course will be split into 3 modules as follows:

Claims under the Inheritance (Provision for Family and Dependants) Act 1975

A brief overview - Domicile - Who can bring a claim - Reasonable financial provision
The section 3 factors - what the Court takes into account - Key recent developments

Probate Actions

Grounds to challenge a will - Key considerations - Revocation - Lack of formality
Lack of knowledge and approval - Lack of capacity - Undue influence – Pre-action steps

Professional Negligence in Wills and Probate

The Golden Rule – Delay in Will preparation – Negligent Estate Planning
Undue Influence – Practical advice and the conduct of your file

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