Contested Wills & Estates - The Latest Case Law & Developments

Introduction

Disputes about wills and the administration of estates are responsible for a regular flow of published judgments from the High Court, plus a larger number of cases that come to court but which either do not reach the stage of a written judgment at all or are transferred to the County Court where judgments are seldom published widely.

This virtual classroom seminar is intended primarily to focus on what can be learned from recent cases on issues that frequently arise in practice: challenges to the validity of wills, disputes about how an estate should be administered and under whose control, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Recent developments in the procedural rules and court practice will also be covered as appropriate.

This session is run at periodic intervals and the material is refreshed shortly before the session is run, in order to stay up to date. Attendees should be aware that if they have attended a previous session then it is likely that only part of the content will be new.

What You Will Learn

This webinar will cover the following:

• Recent caselaw on the principled approach to determining testamentary capacity, including lessons to be learned about the nuances of the Banks v Goodfellow test, the significance of expert evidence, what amounts to an insane delusion, and the rule in Parker v Felgate. The cases of Leonard v Leonard and Re Clitheroe will be covered along with a sample of other recent reported cases.
• Notable recent cases involving allegations of undue influence, with a focus on the recurring themes in challenges which do not succeed and comparisons with claims that are contested to trial and where the challenge succeeds. At the time of writing, it is anticipated that at least the cases of Rea v Rea, Hughes v Hughes and Reeves v Drew will be covered.
• Notable recent cases involving other kinds of probate dispute. The cases of Sangha v Sangha and James v Scudamore will be covered, considering what is required to satisfy the formality requirements for a valid will, particularly where the testator and two witnesses do not all sign while all three are in each other’s presence.
• Two cases concerning when it is too late to pursue a probate claim: McElroy v McElroy involving a late attempt to revoke a grant on the basis that a will was valid but had not been appreciated as such, and James v Scudamore involving a late attempt to dispute the validity of a codicil.
• Recent reported judgments on the costs consequences of probate claims, including attempts by unsuccessful parties to avoid the usual consequences and the decision in Jones v Tracey regarding Part 36 offers.
• The case of Hirachand v Hirachand involving a claim by an adult child under the Inheritance (Provision for Family and Dependants) Act 1975, the practical implications of the Court of Appeal decision on the possibility of including CFA uplifts within the award, and whether there are prospects of the issue being resolved differently by the Supreme Court.
• Recent cases on other kinds of estate disputes, in particular the removal of personal representatives, applications for ‘put up or shut up’ orders, and donatio mortis causa.

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.