Probate claim procedure—table

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Probate claim procedure—table

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Checklists
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This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview.

ActionCPR
Issue of claim form
If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend.CPR 21.1–CPR 21.6
Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant.CPR 7.2, CPR 57.3
Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates.CPR 57.7(1)
Particulars of claim may be contained in claim form (or served separately (see below)).CPR 7.4(1)(a)
If the proposed claim is for revocation of grant:
Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters of administration of their estate must be made a party.CPR 57.6(1)
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Jurisdiction(s):
United Kingdom

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