Jurisdiction

Jurisdiction—the probate court

The standard of proof applied in respect of probate claims is the same as that applied in general civil proceedings.

Probate claims are specifically defined in CPR 57.1(2) and are claims for either:

1. •

   a grant

2. •

   revocation of a grant, or

3. •

   the validity of a Will

The majority of probate claims relate to the formal or substantive validity of a Will or a combination of the two. If the latter, there can often be a conflict of evidence. Claims relating to formal validity will involve such issues as the due execution of the Will, testamentary intention and whether the disposition is actually a Will. Claims in respect of substantive validity might include the testator's mental capacity, their knowledge of the Will and allegations of fraud and forgery or undue influence.

The probate court will also be called on to determine interest claims, which concern as a preliminary issue, who is entitled to bring an action or be heard in one.

The functions of the probate