Webinar – The Problem(s) with Probate


SFE webinar series 2017 – webinar 10

Recorded 14 December 2017 

Speaker: Gareth Ledsham

Venue: online 

Categories: ,

Course content

The Problem(s) with Probate

  • How do you remove an executor (including s.116 / 113 applications)?
  • What to do when a claim is made against the estate / your executor client
    • Neutrality: to be or not to be?
    • Dealing with the estate
      • Obtaining an urgent grant (grants ad colligenda bona)
      • Grants under s.117 Senior Courts Act 1981
  • What to do when acting as professional executor / administrator, and the beneficiaries do not approve your accounts
  • Dealing with difficulties with your own clients
    • What happens if you are an Attorney acting for the executor and are without instructions?
    • What happens if you are acting for two clients as executors and they fall out?
      • What happens to the funds you may be holding on client account?
      • What happens when one of them asks for the file?
      • What bits of the file do you have to release?
  • Dealing with Claims where your firm (and not necessarily your client) is in the spotlight
    • Dealing with Larke v Nugus requests
    • Preservation of Will files
    • Conflicts of interest
    • When to notify insurers
  • Avoiding problematic probates
    • Problems proving wills and how your file can help
    • Getting the most out of a capacity report
    • The value of attendance notes


About the speaker

Gareth Ledsham is a partner in the Trust and Estate Disputes team at Russell-Cooke LLP and has extensive experience in all areas of contentious probate and trust disputes, as well as non-contentious Court applications. He has a particular interest in matters with a cross-border element. Gareth is also an expert on mental capacity law, and regularly acts in contested Court of Protection matters such as statutory will applications and matters where there is alleged financial abuse.He is a member of ACTAPS and STEP, and is recommended for both Contentious Trusts and Probate and Court of Protection matters in the Legal 500.Gareth frequently writes and comments on his practice area as well as delivering lectures, with a focus on risk management and avoiding future disputes post-death.