The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
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:
CPR Part 7 and CPR Part 8 which determine the procedure to use to issue proceedings
CPR Part 57 for probate and inheritance claims
CPR Part 64 for estates and trusts
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.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a tendency to•and is intended to
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline jurisdiction if there are repeated threats or a visible weapon.Elements of the offence of threats to killThe
What is 'discontinuance'?Discontinuance is the means by which a claimant can bring all or part of the proceedings it has instigated to an end.A claimant has a right to discontinue all or part of a claim at any time.Where proceedings are brought to an end without an order or judgment from a court, eg
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.