The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
The Chancery Division of the High Court, which operates after 2 October 2017 as part of the Business and Property Courts, undertakes a broad range of work which includes contentious probate business and claims relating to estates and trusts. Practitioners issuing proceedings in the Chancery Division should be familiar with the Civil Procedure Rules 1998 (CPR) and the Chancery Guide which provides practical information and guidance not contained in the CPR or the PDs. The Chancery Guide is to be used in conjunction with the CPR and PDs. In particular, CPR 57 together with the Chancery Guide, para 24 for probate and inheritance claims and CPR 64 together with the Chancery Guide, para 25 for estates and trusts.
In 1862, the first Rules for Contentious Business were introduced. In 1873 the Probate Court was absorbed in to the Probate, Divorce and Admiralty Division of the High Court with the Rules for Contentious Business being absorbed in to the Rules of the Supreme Court in 1964. In 1971, jurisdiction in probate matters was vested in the newly created Family Division with contentious matters assigned to the Chancer
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