Where there's a Will, there's a Way!

Many solicitors are involved in the preparation of wills and trusts, and in estate administration. It is a highly litigious field and claims against the professional advisors involved are common: an estimated 15% of all professional negligence claims result from this type of work.

The recent case of Ilott v Mitson (2015) EWC Civ 797 - in which monies gifted to a number of charities were redirected by the Court to the testator's estranged daughter - has heightened awareness of The Inheritance (Provision for Family and Dependants) Act 1975 ("the Act").

This seminar will consider the provisions of the Act, together with the key cases and the implications for professionals and their insurers. We shall also consider the circumstances in which a Court may rectify an allegedly faulty will, together with the steps that can be taken should a claimant seek to bring a professional negligence claim prior to taking rectification proceedings.

The Speakers Melissa Darley and Naomi Park of DAC Beachcroft LLP specialise in defending claims against solicitors and will give their insight into:- 1) The Act: - Who can bring a claim and when; - The key provisions of the Act and the leading decisions under it; and - The connection between claims under the Act and professional negligence claims. 2) Rectification proceedings: - The Administration of Justice Act 1982 and the issues arising (i.e. when rectification will be an option); - A review of the leading cases; and - A claimant's duty to apply for rectification of a will.

Melissa has practised in the professional indemnity field since 2010. She specialises in defending professional negligence claims brought against a wide range of professionals and their insurers. She has particular expertise in dealing with claims against solicitors (including those arising from contentious wills and probate, failed litigation and property transactions), surveyors and managing agents. She works with her clients to ensure a commercial and cost effective approach is applied from the outset. She is an advocate of, and experienced in, Alternative Dispute Resolution (ADR) and also has experience of advising in respect of a wide range of policy coverage issues.

Naomi has practised in the professional indemnity field since 2002. She acts for a number of national insurers and a wide variety of professional firms. Naomi regularly defends claims against solicitors. She has experience of dealing with claims arising out of failed tax saving schemes, conveyancing, matrimonial, company / commercial, probate and failed litigation. Naomi has project managed several document heavy claims to trial, including the defence of a solicitors' firm following the collapse of a tax saving scheme involving container leasing.

Date: Tuesday, 7th June 2016 Venue: Room D012 Ebsworth Building Durham University Queen's Campus University Boulevard Stockton-on-Tees TS17 6BH

Timings 12:00 to 12:30 Registration and Lunch 12:30 to 13:30 Seminar 13:30 to 14:00 Questions

Please join us from 12 noon at Café Aroma (next door to the Ebsworth Building) for free food and drink.

Please confirm your attendance by emailing us at middlesbroughinstitute@cii.co.uk

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