THE ACTAPS PRACTICE GUIDANCE NOTES FOR THE RESOLUTION OF TRUST AND PROBATE DISPUTES

Preliminary note regarding the interaction between the ACTAPS Practice Guidance and Notes regarding pre action behaviour in other cases.

In general terms, the ACTAPS Practice Guidance Notes (hereafter referred to as “The ACTAPS Code”) are designed to promote the resolution of trust and probate disputes without the need for what are often bitter and very expensive court proceedings by encouraging careful use at an early stage of mediation processes and explaining how best to manage the difficulty, so often present in these cases, that not all parties can speak for themselves.

The ACTAPS Code is not part of the CPR but it is hoped that judicial regard will be given to appropriate attempts to comply with the Code in the spirit of the CPR.

The Code is designed to make specific provision for particular aspects of trust and probate disputes which have been found in practice to call for special care.

The Code lists a wide variety of disputes to which the Code may apply, and mentioning some to which it does not: Please click here to download the ACTAPS Code document (Microsoft Word format)