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

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

  • Practice and procedure—civil procedure—contentious trusts and estates
  • CPR Part 7
  • Claim form
  • Defence and counterclaim
  • Allocation
  • Disclosure and inspection
  • Witness statements
  • Expert evidence
  • CPR Part 8
  • Claim form
  • More...

Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the civil courts’ processes and procedures necessitated by the Coronavirus pandemic, see: Coronavirus (COVID-19) implications for dispute resolution—overview.

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

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