Jurisdiction in probate matters
Jurisdiction in probate matters

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Jurisdiction in probate matters
  • Role of the court
  • Probate jurisdiction
  • Probate jurisdiction—Family Division
  • Right of interpretation—Family Division
  • Non-contentious/common form probate business
  • Contentious/solemn form probate business
  • Chancery Division—probate claims
  • Probate rules
  • Fees
  • More...

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3), 55(2) and 55(3). This makes permanent the temporary provisions introduced by the President of the Family Division at the start of the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.

Role of the court

The High Court has jurisdiction in relation to probates and administration'>letters of administration, in particular all contentious and non-contentious jurisdiction relating to:

  1. testamentary causes and matters

  2. the grant, amendment or revocation of probates and letters of administration

  3. the real and personal estates of deceased persons

Probate jurisdiction

The 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 probate business.

The Chancery Division deals with contentious or solemn form probate business.

Probate jurisdiction—Family Division

There are three main issues:

  1. whether a document is admissible to probate

  2. who is entitled to a grant of representation

  3. whether a grant already made should be revoked

Right of

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