Will disputes are increasing in frequency and complexity, but the issues and solutions often vary significantly between jurisdictions. This comparative session explores common challenges arising from defective testamentary planning and how different courts respond to them. 

Topics include construction disputes caused by poor drafting, the blurred boundary between trust and will planning, and issues arising from executors who are inexperienced, conflicted or unsuitable for office. The session will also consider judicial attitudes to litigation conduct, including recent decisions discouraging the use of inflammatory affidavit evidence in family disputes. 

Set against the backdrop of increasingly international families, the discussion will address cross-border estates and procedural challenges, including parallel proceedings, conflicts of law, privilege, confidentiality, costs and enforcement.