Contentious Probate from Start to Finish

Event details

Date: 12th September 2018
Time: 9.45am-4.30pm
Venue: Save the Children UK, 1 St John's Ln, Clerkenwell, London EC1M 4AR
Who should attend: Those with an understanding of the different types of claim against an estate, but who need to be aware of the different stages of a claim in order to manage this and liaise with solicitors on their charity’s behalf.

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Led by Fiona Campbell-White and Charlotte Watts from Wilsons LLP, the aim of this workshop will be to give delegates an insight into the full ‘lifecycle’ of contentious trust and probate claims.

We will start at the beginning (where else?) looking at pre-action protocol and procedure (emphasising what your charities can do to get yourselves in the best possible position in the event that the claim is issued). We will then discuss what happens once proceedings are issued. What timetable will start running? What steps will your charity need to take? How does this differ depending upon what type of claim you are dealing with? Finally, we will address the dreaded issue of costs. What are the rules? If you win, will you get your costs back?

1 Pre-action procedure
• Pre-Action Protocol and ACTAPS Code
• Caveat
• Interim grant?
• Protective costs offer?
• ADR • Time limits

2 Types of proceedings
• Part 7
• Part 8
• Probate Registry
• Court of Protection

3 Part 7 timetable
• Budgets
• Interim applications
• Disclosure
• Experts
• Witnesses
• Trial

4 Part 8 timetable
• Differences
• Similarities

5 Points of note
• Your charity’s trustees’ duties
• Litigants in person
• PR

6 Costs
• The general rule
• The probate exceptions
• Recovery