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

  • Tue 26th October 2021 until Fri 4th March 2022
  • On-demand, United Kingdom
  • 5 hrs CPD

£149 + VAT

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So you know what to expect, here is a clip of Constance McDonnell QC. Constance is answering the question: Will the status quo survive the Hirachand v Hirachand litigation over the costs and funding of 1975 Act litigation? How will practice change?

On-demand Programme

  1. Capacity evidence

    How has the risk profile changed over capacity evidence following the spate of recent cases, including Hughes v Prichard (2021)?

    Answered by: Alex Troup of St John's Chambers

    Alex is “a “star of probates”, “among the most skilful barristers” with “a real commercial brain”. He was shortlisted for “Junior of the Year” and acted in Hughes v Prichard (2021).

  2. Costs and funding

    Will the status quo survive the Hirachand v Hirachand litigation over the costs and funding of 1975 Act litigation?

    How will practice change?

    Answered by: Constance McDonnell QC of Serle Court

    Constance acted in the Court of Appeal in Hirachand v Hirachand (2021). She is "an absolute star and technically brilliant for complicated probate disputes."

  3. Conduct

    How do you gain an edge for your client when contending with attorneys suspected of financial abuse and recovering misappropriated monies?

    Answered by: David Grant of Outer Temple Chambers

    David is “a first-rate junior, who is destined for elevation to silk.” “He makes a technical and complex area appear quite simple and straightforward.”

  4. Proprietary estoppel

    Which way is the wind blowing for proprietary estoppel claims over (1) the clarity of the promise and (2) reliance?

    Answered by: Kate Selway QC of Radcliffe Chambers

    Kate is "one of the most effective wills and probate barristers at the bar - she produces superb results.” She is author of “Establishing Fraudulent Calumny.”

  5. Testamentary freedom

    How far can you push the court over a testator's intentions in 1975 Act challenges, supported by case law and practical examples?

    Answered by: Mark Baxter of 5 Stone Buildings

    Mark is “one of the go-to barristers for probate matters.” He acted in Randall v Randall on standing to challenge a will and is co-author of “Risk and Negligence in Wills, Estates and Trusts.”

  6. Trustees

    Using practical examples and live cases, is there a creative way of challenging trustees’ decisions and securing a favourable outcome for clients?

    Answered by: Penelope Reed QC of 5 Stone Buildings

    Penelope is a “staggeringly good QC and a pre-eminent name in trust disputes litigation”. She is author of Trusts and Estates Law Handbook and sits as a Deputy High Court Judge.

  7. Bhusate v Patel

    In the spotlight of Bhusate v Patel (2021), how do you resolve the tension between (1) issuing a claim promptly and (2) making genuine efforts to avoid contested proceedings?

    Answered by: Mark Dubbery of Pump Court Chambers

    Mark acted in Bhusate v Patel on bringing an out of time claim under the 1975 Act. “He has a real gift for providing straightforward, user-friendly advice on complicated problems.”

  8. Financial abuse

    Weighing up all the tactical scenarios, how do you control - and overcome - the difficulties with financial abuse of the elderly cases?

    Answered by: Matthew Hodson of Gatehouse Chambers

    Matthew is a "standout rising star" with particular strength in contentious probate cases. Recent work includes claims over inter vivos gifts and the presumption against double portions.

  9. Unmeritorious cases

    What are the golden rules for heading off unmeritorious cases from disgruntled beneficiaries without paying out?

    Answered by: Anthony Trace QC

    Anthony “brings gravitas and strategic insight borne out of years of experience.” He is a "Mediator of the Year" and "Mediator of the Year-England" in the Global Law Experts Awards.

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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Additional clips from Wills and Probate

Kate Selway QC on Proprietary estoppel

Penelope Reed QC on Trustees

David Grant on Conduct

Mark Baxter on Testamentary freedom

Alex Troup on Capacity evidence

Mark Dubbery on Bhusate v Patel

Matthew Hodson on Financial abuse

Anthony Trace QC on Unmeritorious cases