Running commentary on overcoming dispute hurdles

There was a 50% rise in wills and inheritance disputes between 2016 and 2019. That figure alone should have most practitioners hurriedly thumbing through this text.

The book canters through the main areas you would expect. Being a canter, it is not a text for green members of the profession who may need a little more explanation and handholding about wills, gifting and the probate process. It is also not for the seasoned litigator in the field who will be left yearning for more details and discussion about the intricacies of specific judgments or legislation. It is an ideal text for the experienced adviser who needs a refresh on the areas that give rise to potential disputes, practical matters to consider and how claims are made. For this reader, the book is a worthwhile addition to the library.

This edition includes chapters on disputes about interpretation of wills, issues around execution, testamentary capacity and undue influence as well as inheritance act claims. It deals with these at a good pace rather than going into huge detail. This is to be expected as each of these areas in themselves can fill a voluminous book. This is not to say this text is lacking; Pearce deals with most areas well, picking out the most relevant points. Her style is easy to read and she guides the reader through the issues logically and reassuringly.

Pearce’s time as a circuit judge and then a district judge of the principle registry of the Family Division of the High Court must surely have something to do with her deftness in helping readers navigate complex and tricky subjects such as testamentary capacity and constructive trusts. One criticism is that paragraphs are often long. For shorter texts like this, this makes it a little difficult to dip in and out.

It is good to see coverage of less common subjects such as burial disputes and forgery. Their inclusion is of real value as discussion of these areas can often be lacking in texts covering disputes. That said, the section on procedure seems to be a little out of place. There is one chapter of less than 30 pages which cannot meaningfully cover the process of dealing with the court process, though it is a good overview.

If you do find this text on your shelf, it will no doubt provide reassurance when there is a knotty matter to resolve by pointing you in the right direction.

Hilesh Chavda is a partner at Spencer West, London