Podcast Location:
Download it here [file size: 18.7 MB]
Part of:
Private Client Wills & Probate Bundle - Spring 2012 CPD Training Bundle
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at private client and traditional Chancery practitioners interested in wills and contested probate. It sets out and explores the 5 main grounds on which a will might be set aside for invalidity taking into account historic and recent relevant case law. The podcast also sets out in a concise way some practical tips for those responsible for drafting wills to take away.

Outcomes:
After completing the course you will:
  • Have learnt about the main principles in challenging the validity of a will;
  • Understand what has to be proven to succeed on want of due execution and knowledge and approval;
  • Be aware of the relevant considerations when dealing with a testator who may be showing signs of failing capacity;
  • Understand the difficulties in successfully pleading fraud and undue influence at the time a will is prepared;
  • Have received an update of relevant recent cases in the area;
  • Have received practical advice on steps to take when drafting a will to protect it against attack.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Wills Act 1837 s9;
  • Mental Capacity Act 2005;
  • Sherrington v Sherrington [2005] WTLR 587;
  • Banks v Goodfellow (1870) LR 5 QB 549 at 565;
  • Parker v Felgate (1883) 8 P.D. 171;
  • Couser v Couser [1996] 3 All ER 256;
  • Re Simpson (1977) 121 Sol Jo 224, better reported at (1977) 127 NLJ 487;
  • Public Trustee v Till (2000) unreported, High Court in Auckland;
  • Barrett v Bem & Ors [2011] EWHC 1247 (Ch);
  • Ahluwalia v Singh and Ors [2011] All ER (D) 113;
  • Perrins v Holland & Ors [2010] EWCA Civ 1398;
  • White v Jones [1995] UKHL 5;
  • Sharp v Adam [2006] EWCA Civ 449;
  • Gill v Woodall & Ors (Rev 1) [2010] EWCA Civ 1430;
  • Re Edwards [2007] EWHC 1119;
  • Cowderoy v Cranfield [2011] EWHC 2628 (Ch);
  • Supple v Pender [2007] EWHC 829;
  • Barry v Butlin (1838) 2 Moo PCC 480;
  • Hoff & Ors v Atherton [2003] EWCA Civ 1554.
Tags:

In this podcast, Penelope Reed QC a barrister specialising in contentious probate claims, is interviewed about the recent developments in challenging the validity of wills. The five main ways of challenging the validity of a will are discussed: lack of due execution; lack of testamentary capacity; want of knowledge and approval; undue influence; and, forgery. The podcast provides an interesting examination of this area as well as an update to practitioners.

Podcast added: 01/01/12

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