Contested Statutory Wills - Navigating Disputes & Avoiding Pitfalls
Introduction
Statutory will applications are a regular feature of Court of Protection practice but can quickly become contentious, especially where family dynamics, complex assets, or disputed capacity assessments are involved.
With an increasing awareness of these applications by potential beneficiaries and rising litigation around capacity and best interests, it is more important than ever for practitioners to understand how to pre-empt and navigate disputes.
This new virtual classroom seminar will provide an in-depth look at contested statutory will applications, including recent case law, procedural guidance, and practical tips for managing risk and advising clients.
Following the session, you will be better equipped to spot red flags, advise on the prospects of challenge, and present or defend a statutory will application effectively.
It is suitable for private client litigators and Court of Protection practitioners, as well as accountants and financial advisers working with vulnerable clients or estate planning.
What You Will Learn
This live and interactive course will cover the following:
- Identifying and managing the key triggers for dispute
- How to approach capacity evidence in disputed applications
- Tactics for progressing a contested statutory will case efficiently
- Common evidential and procedural pitfalls - and how to avoid them
- The court’s approach to ‘balance sheet’ decision-making in contested cases
- Case law - significant decisions and what they mean for practice
- Practical drafting considerations to reduce the risk of litigation
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.