An exceptional specialist reference work

With roots stretching back to 1858, Tristram and Coote’s Probate Practice carries considerable history. This 33rd edition demonstrates why it remains valuable to practitioners confronting both routine applications and unfamiliar probate problems.

The editorial team of Roland D’Costa, Master Paul Teverson and Terry Synak brings together Registry, judicial and Revenue experience. That combination is reflected in the quality of the analysis and close attention to procedural detail. 

This work’s breadth is remarkable. Alongside ordinary grants, are detailed treatments of limited grants, foreign domicile, renunciation, revocation, caveats and citations. Contentious practice follows proceedings through pleadings, disclosure, trial and costs. A separate part addresses the Law Commission’s proposals for modernising wills law.

The contentious chapters offer depth as well as breadth. Testamentary capacity receives detailed treatment, connecting the authorities with medical and lay evidence, burdens of proof and the practical significance of the golden rule. Discussion of knowledge and approval and undue influence similarly helps practitioners move from a general allegation to the evidence needed to assess it. 

The updating to this edition includes a concise explanation of the Supreme Court’s decision in Hirachand v Hirachand, clarifying why CFA success fees cannot form part of an award under the Inheritance (Provision for Family and Dependants) Act 1975.

The precedents are a particular strength: 223 numbered non-contentious forms and 60 contentious probate precedents, with additional variants. Their range anticipates circumstances well beyond everyday applications and provides a reassuring starting point for drafting.

One area deserving fuller treatment is ADR. The costs chapter usefully addresses mediation offers, but more clearly signposted discussion of mediation, early neutral evaluation and the court’s powers following Churchill would enhance the coverage.

At £549.99, this is a substantial investment, most readily justified for practitioners regularly handling specialist probate questions.

This is an exceptional specialist reference, combining remarkable procedural breadth with detailed analysis and an extensive collection of precedents.

Justin Patten is a solicitor and principal at Human Law, Bishop’s Stortford, Hertfordshire. He is the author of the book, The Out-of-Court Executor