Contentious Probate - An Introductory Box Set

Introduction

Contentious probate is an umbrella term for the types of disputes most commonly arising during the administration of a deceased person's estate.

These disputes have risen exponentially over the past 20 years and show no sign of slowing down.

Many of these types of claims have unique quirks (e.g. no default judgment option) and procedurally they are governed by distinct parts of the Civil Procedure Rules and the Non-Contentious Probate Rules.

This box set will cover the most common types of claim you need to be familiar with in order to advise a client seeking your advice about a contentious post death situation, practical advice about the tools available to you and how best to use them, as well as practical advice about some of the traps for the unwary.

It is suitable for litigators and private client practitioners who wish to understand more about the most common disputes which arise in the estate administration process.

What You Will Learn

This webinar will cover the following:

Module 1 - Disputes About the Validity of a Will (Part 1, the Law)

This module will cover:

• What are the grounds on which a will can be declared invalid?
• What are the common misconceptions clients have, and how to deal with them
• A look at some case studies to illustrate the court’s approach
• Changes on the horizon - the Law Commission Consultation on making a will

Module 2 - Disputes About the Validity of a Will (Part 2, Practice & Procedure)

This module will cover:

• How to protect your client in the early stages, from the perspectives of claimant, beneficiary and executor
• How to get the evidence and documents you need
• What tools are available to you and how to use them, e.g. Non-Contentious Probate Rules, Senior Courts Act, Disputed Wills Practice Note, Larke v Nugus
• Procedure on bringing a claim. Traps for the unwary
• Costs - points to note unique to probate claims and common misconceptions. Joining the will draftsman to the proceedings for the purposes of costs orders
• Settlement and traps for the unwary

Module 3 - Other Will-Related Disputes

This module will cover:

• How to deal with disputes about the interpretation of a will or a clause in it
• Rectification applications and traps for the unwary. What is the relationship with interpretation cases? Practical steps to take
• The relationship between interpretation and rectification issues on the one hand, and negligence on the other. Practical considerations
• Procedures available to you for determination of interpretation/rectification issues - uncontested and contested
• The doctrine of mutual wills, what is it, and how can you use it?
• The rule against double portions, what is it and how can you use it?
• A look at some case studies and the court’s approach

Module 4 - Statutory Claims - Inheritance (Provision for Family & Dependents) Act 1975

This module will cover:

• What is an IPFDA claim and who is eligible to bring them? Common misconceptions
• What will the court consider when determining an IPFDA claim? What is the evidence you need, and what to tell your clients at the outset (claimant and defendants)
• The distinct meaning of ‘the estate’ for the purposes of an IPFDA claim. What tools you have to inflate it and what you need to be alive to
• What should be the role of an executor? What should not be the role of executor?
• What actually is ‘reasonable financial provision’?
• Costs and the landmark decision of the Supreme Court in December 2024 Hirachand v Hirachand
• Procedural quirks in IPFDA claims including time limits and what to do if it is imminent or missed
• Settlement and traps for the unwary

Module 5 - Disputes About the Assets in the Estate

This module will cover:

• The common claims which call into question whether an asset is an estate asset, or whether it falls outside of the estate:
• Claims to a beneficial interest in estate property by way of constructive trust or under the Trusts of Land & Appointment of Trustees Act 1996 (‘TOLATA’)
• Proprietary estoppel claims
• Claims to unwind or set aside lifetime transactions (e.g. commonly on the grounds of undue influence or lack of capacity)
• Donatio Mortis Causa
• A look at some case law to demonstrate the approach of the courts
• How to deal with these claims from a practical perspective
• The role of the Executor, Beddoe Orders and applications for directions

Module 6 - Personal Representatives in the Firing Line

This module will cover:

• Devastavit, common breaches of trust and fiduciary duty
• What defences are there?
• Applications for accounts, inquires and inventories. Which tools and procedures are available to you?
• How to deal with requests for disclosure
• What are the procedures for seeking the removal of Executors/Personal Representatives both pre and post the grant of probate? Is an Order of the court required?
• Tips for dealing with removal claims from both the beneficiary and the Personal Representative’s perspectives

This pre-recorded webinar will be available to view from Tuesday 22nd July 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.