Wills and Probate: Shaping New Law into Solution Focused Answers for Clients

Wed 7 February 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 14 Thorny Questions: Directly from 2 QCs, 2 Leading Juniors and 2 Venerated Solicitors

5 hrs CPD

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  1. Registration and coffee

  2. Chair's Introduction

    Wills and Probate: Shaping New Law into Solution Focused Answers for Client

    Chaired by: Kirstie McGuigan of Taylor Wessing

    Kirstie “is a natural candidate for thorny estate administrations or contentious trust litigation." She brings a huge number of cases to the table.

  3. Standing

    Who can now weigh in and bring a claim following Randle v Randle?

    What is meant by doing justice in a case?

    Is the test for standing so wide as to be meaningless and a free-for-all?

    Answered by: Mark Baxter of 5 Stone Buildings

    Mark is “technically superb and very persuasive - one of the go-to barristers for probate matters”. He recently acted in a dispute as to which of various codicils were valid testamentary documents.

  4. Succession

    What is the impact of the lingering contradiction within the Shamoon litigation, over the Brussels IV definition of succession?

    Are you to expect the court to adopt a (1) pragmatic interpretation or (2) narrow interpretation?

    Answered by: Filippo Noseda of Mishcon de Reya

    Filippo has a "tremendous reputation for cross-border tax planning". He injects a light-hearted approach to a complex area while being very technically able".

  5. Morning coffee

  6. Capacity

    Drawing on live challenges, what evidence of (1) distorted memories, (2) false beliefs and (3) personality change is likely to persuade the court and secure a successful outcome?

    Answered by: Penelope Reed QC

    Penelope is a “staggeringly good advocate and an absolute pleasure to work with”. She is co-author of “Risk and Negligence in Wills, Estates and Trusts”. She is a Deputy High Court Judge.

  7. Testamentary freedom

    Now the Supreme Court has decided on a return to orthodoxy, what is the scope for an adult son or daughter's claim for financial provision from his or her parent's estate?

    What is to be understood by (1) need, (2) moral claim and (3) maintenance?

    Answered by: Constance McDonnell of Serle Court

    Constance "is hugely in-demand and incredibly bright and can-do". She acted in the hotly contested Illott v The Blue Cross litigation on testamentary freedom.

  8. Over-run

  9. Lunch

  10. Validity

    With dementia becoming an ever increasing reality for many clients, how do you protect yourself and the testator from attack on the grounds there was cognitive impairment?

    Answered by: David Catchpole of Mills & Reeve

    David is known for his “responsiveness, gravitas, experience and knowledge”. He focuses exclusively on contentious trust and probate matters.

  11. Calumny

    How are the courts interpreting evidence of undue influence and the coercion of a testator into making a will against his or her true wishes?

    Answered by: Kate Selway of Radcliffe Chambers

    Kate is “bright, punchy and fabulous. She doesn’t sit on the fence: her advice is crystal clear”. She is a “tough negotiator and a delight to work with”.

  12. Over-run

  13. Close of Conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500