Practice and procedure—civil procedure—contentious trusts and estates
Practice and procedure—civil procedure—contentious trusts and estates

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

  • Practice and procedure—civil procedure—contentious trusts and estates
  • CPR Part 7
  • CPR Part 8
  • Costs

Practitioners issuing claims relating to estates and trusts must be familiar with:

  1. CPR Part 7 and CPR Part 8 which determine the procedure to use to issue proceedings

  2. CPR Part 57 for probate and inheritance claims

  3. CPR Part 64 for estates and trusts

  4. the Chancery Guide which provides practical information and guidance not contained in the CPR or its Practice Directions. In particular, chapter 29

There is no pre-action protocol for claims under CPR 57 and CPR 64 but the parties should have regard to the Practice Direction Pre-Action Conduct and Protocols.

The court will expect the parties, taking into account the aims of ensuring they are on an equal footing, saving expense and proportionality, to observe the Practice Direction and act reasonably in exchanging information and documents relevant to the claim and generally in trying to avoid the necessity for the issue of proceedings.

The Association of Contentious Trust and Probate Specialists has also produced a Code, which is not part of the CPR but is designed to assist practitioners in the resolution of trust and probate disputes.

CPR Part 7

Actions which must be issued using the CPR Part 7 procedure include:

  1. probate claims including:

    1. actions for a decree pronouncing for or against a Will in solemn form

    2. interest actions

    3. actions for the revocation of a grant of probate

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