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24 Nov 2016

Will Validity Disputes

Details

Date 24 Nov 2016
Time 16:30 - 18:00
Location Law Society House, Belfast

Description

In the last two decades there has been an exponential growth in the number of wills being challenged on the grounds of lack of capacity and/or undue influence.

This seminar looks at Contentious Probate (i.e. validity) Disputes from a practical perspective.

Topics covered will include:

- The available pleas: lack of formality; lack of capacity; lack of knowledge and approval; undue influence; forgery and fraud;
- Case law including recent developments;
- Caveat procedure;
- Gathering evidence;
- High Court procedure under Order 76;
- Costs;
- The role of the solicitor draftsman in a validity dispute;
- Minimising future validity disputes including the “Golden Rule”.

The session will be delivered by Sheena Grattan. Sheena is a practising Chancery barrister in Northern Ireland specialising in private client work. Previously she was a senior lecturer in the Law School of Queen’s University, Belfast lecturing in Equity (including Trusts), Land Law, Inheritance and the Law and Revenue Law, having started her career as a solicitor in private practice.

Sheena is the author of several legal texts including Succession Law in Northern Ireland (SLS), and, with James Kessler QC, Drafting Trusts & Will Trusts in Northern Ireland (Bloomsbury). She is a founding member of the STEP: Northern Ireland branch and in 2012 was the recipient of a STEP Founder’s award for outstanding achievement.

She has been examiner and tutor for both the Administration of Trusts and Administration of Estates components of the STEP / CLT Diploma programme in Northern Ireland since its inception.

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