Probate claim Definition

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What does Probate claim mean?

A claim in respect of any contentious matter arising in connection with an application for the grant or revocation of probate or letters of administration.

A probate claim is defined in CPR 57(2) as a claim:

(i) for the grant of probate of a will, or letters of administration of the estate, of a deceased person;

(ii) the revocation of such a grant; and

(iii) a decree pronouncing for or against the validity of an alleged will; not being a claim which is non-contentious probate business.

View the related checklists about Probate claim

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

Procedural table—caveat

Procedural table—caveat Action Form No Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024 (as amended) Caveat is entered Caveat application online or Form PA8A (available in the forms tab of the Probate actions subtopic) NCPR 1987, SI 1987/2024, r 44(2) Caveator enters caveat at Principal Registry of the Family Division or a district probate registry by post, electronic means or attending personally themselves or by instructing a solicitor. NCPR 1987, SI 1987/2024, r 44 Fee: £3 (if the caveat is entered electronically, this must be paid electronically). Name of deceased entered in index of caveats. NCPR 1987, SI 1987/2024, r 44(4) The caveat remains in force, except as otherwise provided, for six months from entry. NCPR 1987, SI 1987/2024, r 44(3)(a) The index of caveats is searched NCPR 1987, SI 1987/2024, r 44(4) On receipt of application for grant in the registry at which the application is made or of notice of application of grant made in any other...

Jurisdiction in probate matters

Role of the courtThe High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction relating to:•testamentary causes and matters•the grant, amendment or revocation of probates and letters of administration, and•the real and personal estates of deceased personsProbate jurisdictionThe probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and county court).The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business. See Practice Note: What are common and solemn form probate?Probate jurisdiction—Family DivisionThere are three main issues:•whether a document is admissible to probate•who is entitled to a grant of representation•whether a grant already made should be revokedRight of interpretation—Family DivisionTo grant representation the Family Division may consider the terms of testamentary documents to determine a point of construction but is not bound to do so. Instead, it may use its discretionary power to make a grant to a suitable person, leaving the question...

Application for a grant of representation

STOP PRESS: From 18 January 2024, customers applying for probate in England and Wales no longer need to complete an IHT421 probate summary to submit with the IHT400 account.  Under a new procedure, HMRC now sends a letter to the PRs or their agent confirming receipt and processing of the IHT400 and provides a unique code and the details of the estate values which are needed to make a probate application to HMCTS Probate. According to HMRC’s Trusts and Estates Newsletter (March 2024), the procedure remains unchanged in Scotland and Northern Ireland. For more information, see: LNB News 18/01/2024 9, HMRC Agent update issue 116 (17 January 2024) and HMRC Trusts and Estates Newsletter (March 2024).FORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime.At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed that it will proceed with plans of the former Conservative administration to abolish the remittance basis of taxation and replace it with a residence-based regime, to commence on 6 April 2025. The...

Discover our 35 Practice Notes on Probate claim

Contentious probate—client guide

Contentious probate—client guide This document provides general guidance regarding some of the key issues in bringing a contentious probate claim. Your specialist Private Client practitioner will be able to provide tailored advice based on your personal circumstances. What is contentious probate? Losing someone you love is one of the most difficult experiences in life. It can be made even harder if you think there is a problem with their Will or the disposition of their estate, or if a family member challenges a Will that you are sure is valid. Contentious probate is a dispute over a person’s estate following their death. It is often between family members and/or close friends of the deceased These disputes are often divisive and emotional as they concern family members. They are also increasingly common as people are more aware of their legal rights and more willing to litigate over them. The value of estates has also increased as property prices have risen and family structures are often more complicated than...

Letter of claim—probate action

Letter of claim—probate action Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT(S) NAME(S)] The estate of [name] deceased LETTER OF CLAIM—[Potential claim to set aside the Will dated [date]] We are instructed to act for [name of claimant] in [his OR her] claim [to set aside probate of the Will dated [date] OR that the Will dated [date] is invalid]. In the event that the Will dated [date] is set aside, the deceased’s estate will devolve in accordance with [the Will dated [date] OR the law of intestacy]. We understand that [name of deceased] died on [date] (the deceased)[ and that [name] extracted a grant of probate to the Will on [date]]. Our client’s claim is as follows [set out full details of claim, including the facts upon which it is based]. Entitlement to the estate [We have been supplied with a copy of the earlier Will dated [date] of the deceased and under that earlier Will dated [date] our client has...

Dive into our 2 Precedents related to Probate claim

If a party wishes to bring a counterclaim in a probate claim, where the force and validity of the Will are disputed, is an application required for this and is a fee payable? If a defendant to the counterclaim is not a party to the proceedings, is leave of the court required to bring the counterclaim and is an application required?

If a party wishes to bring a counterclaim in a probate claim, where the force and validity of the Will are disputed, is an application required for this and is a fee payable? If a defendant to the counterclaim is not a party to the proceedings, is leave of the court required to bring the counterclaim and is an application required? Background The purpose of Part 20 is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner (CPR 20). Claim The procedure for the counterclaim will differ depending on whether the claim is Part 7 or Part 8. A probate claim must be commenced using the procedure in Part 7 (CPR 57.3(b)). Within Part 57, a ‘probate claim’ includes a claim for a decree pronouncing for or against the validity of an alleged will (CPR 57.1(2)(a)(iii)). Counterclaim A defendant who contends that he has any claim relating to the grant of probate of the Will of the deceased...

What is the process for claiming costs in relation to an application made under s 117, Senior Courts Act 1981, in particular, if the recovery of costs are not specified within the Order itself?

What is the process for claiming costs in relation to an application made under s 117, Senior Courts Act 1981, in particular, if the recovery of costs are not specified within the Order itself? This question relates to the recoverability of costs following an application made under section 117 of the Senior Courts Act 1981 (SCA 1981). That section relates to the grant of powers of administration pending suit, ie while a claim regarding the validity of a Will or the revocation of a grant is pending. Section 117 of the SCA 1981 allows the court to grant powers of administration whilst a probate claim is bring brought. This allows for the Estate to be administered, but importantly pursuant to section (2), such administrator is subject to the immediate control of the court to act under its direction, and the estate cannot be distributed without the permission of the court. This allows urgent steps in the administration to be carried out notwithstanding that there is a...

See the 28 Q&As about Probate claim

Private Client weekly highlights—22 August 2024

This week’s edition of Private Client highlights includes: (1) updated guidance from HMRC on MTD for income tax and on the consequences of failing to pay tax on time, (2) Court of Protection cases, (3) a case on the classification of digital assets, and (4) updates to the HMRC’s Pension Tax Manual.

Question of the week: Can an adult defendant in a probate claim also act as the litigation friend to their minor child where it is proposed that the child be joined as a defendant to the proceedings?

This Q&A considers whether an adult defendant in a probate claim can also act as the litigation friend to their minor child, where it is proposed that the child be joined as a defendant to the proceedings.

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