This text provides clear answers for the non-specialist practitioner when a will's validity is being challenged. Whether as a potential claimant or defendant, the text assumes the reader has a contested will case before him and needs to know how to act.
This book provides clear, practical, and in-depth guidance to the law and procedure of contentious probate in the UK. Adopting a problem-solving approach, this third edition highlights specific difficulties that are likely to be encountered in practice. It discusses the advantages and disadvantages of each course of action and points out the potential pitfalls along the way. Points of discussion include: disputed lifetime transactions and the court of protection in the UK * coroners' inquests and burial disputes * obtaining the grant - dispute and resolution * disputes relating to the will * estate administration disputes * disappointed beneficiary claims * creditor claims and insolvent estates * claims against professional advisers * expertly drafted precedents, including model letters and pleadings, which provide the reader with a time-saving and practical resource.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
"Non-Contentious Probate Practice in the English-Speaking Caribbean is widely acclaimed by students and practitioners as an indispensable guide to probate practice and procedure in the Caribbean. This second edition brings the book up to date with the current law and practice by incorporating the major changes that have taken place since the book was first published in 1998. All legislative and procedural changes are dealt with, most notably the Civil Procedure Rules 2002 in Jamaica, the Supreme Court Act, Administrative of Estate Act and the Wills Act in The Bahamas and the Distribution of Estate Act in Trinidad & Tobago, all of which have had significant impact on succession practice in these territories. As before, the book covers the core areas of probate practice and provides a clear, comprehensive exposition of succession law and a practical guide to the fundamentals of probate practice and procedure. "
The Probate Practitioner's Handbook is a well-established and popular guide to good practice for solicitors' firms that undertake probate and estate administration work.This new ninth edition has been comprehensively updated by leading experts to take account of: money-laundering issues including the requirements of the 5th EU Anti-Money Laundering Directives and the updated LSAG guidance the SRA Accounts Rules 2019 changes resulting from the new SRA Standards and Regulations new SRA guidance relevant to practitioners updates to relevant practice notes including disputed wills and handling complaints Inheritance and Capital Gains Tax developments implications of the UK leaving the European Union the introduction of the SRA Transparency Rules implications for practitioners arising from the Covid pandemic. the different ways in which foreign elements may affect the English probate practitioner. An essential new chapter explains how data protection law applies in the context of the administration of estates. Features such as checklists, precedents, case commentaries and examples enhance the book's usefulness.
Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the magistrate and judge, and the law student. Some of the key areas covered include; Testate Succession; Intestacy; Post-Mortem alterations among many others. It is currently the only text on succession law in Kenya.
This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the Magistrate and Judge and the law student William Musyoka holds L.L.B and LL.M degrees from the University of Nairobi. He is an Advocate of the High Court of Kenya and a law lecturer. He has taught the law of succession at the Kenya School of Law and is currently teaching the subject at the School of Law, University of Nairobi.