Probate is the court process for proving and registering a deceased person’s will and authorising someone to administer the estate. In England & Wales and Northern Ireland, it usually refers to obtaining a grant of probate (where there is a valid will and executor) or letters of administration (where there is no will or no executor). In Ireland, the process and terminology are broadly similar, overseen by the Probate Office and District Probate Registries. In Scotland, the equivalent process is “confirmation”, issued by the sheriff court, but “probate” is often used informally in cross‑border or private client practice. Probate confirms the legal authority of the personal representatives (executors or administrators) to collect assets, settle debts and taxes (including inheritance tax) and distribute the estate to beneficiaries. It is governed by statute and court rules in each jurisdiction (for example, the Administration of Estates Act 1925 in England & Wales and the Succession Act 1965 in Ireland), supplemented by case law on wills, succession and estate administration. The need for probate depends on asset type, value, and jurisdiction, and it is central to contentious probate, estate planning, and cross‑border succession work.

These claims principally contest the validity of a Will or codicil and the consequent entitlement to a grant of probate or letters of administration.

The legal costs position in probate claims is often misunderstood. This Practice Note looks at: • the costs in probate proceedings relating to the validity of the Will, and • claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) The starting point—the general rule The most common misconception is that the costs of the litigation will be paid by the estate. This is not correct. CPR 44.2 applies to probate proceedings and I(PFD)A 1975 claims. Costs follow the event. An unsuccessful litigant can expect to be ordered to pay some or all the successful party’s costs (CPR 44.2(2)) subject to the court’s discretion. That discretion allows the court to look at conduct. Conduct (CPR 44.5) includes: • conduct before and during the claim including the extent to which any pre-action protocol has been followed. There is no pre-action protocol for probate or I(PFD)A 1975 claims. Practitioners should consider the Practice Direction Pre-Action Conduct and the ACTAPS Practice Guidance for the Resolution of Trust and Probate Disputes (the ACTAPS

Dear [insert organisation name] [name] Deceased (the Deceased) We act for [name] who is [the residuary beneficiary under the Deceased’s Will dated [date] OR a beneficiary on the intestacy of the Deceased]. Larke v Nugus statement You may be aware that since 1959 the Law Society has recommended that where a dispute arises regarding the validity of a Will the testator’s solicitor should make available a statement of evidence regarding instructions for the preparation and execution of the Will and the surrounding circumstances. We refer you to the judgment of the Court of Appeal in Larke v Nugus

What is a Larke v Nugus request In 1959 the Law Society first recommended that where a dispute arises about the validity of a Will the solicitor who prepared it should make available a statement of their evidence in relation to the instructions, preparation and execution of the Will. This guidance was considered by the Court of Appeal in the case of Larke v Nugus SJ 123 (1979) 337 (not reported by Lexis+®) where the Court of Appeal said: ‘Where a serious dispute arises as to the validity of a will beyond the mere entering of a caveat and the solicitor’s knowledge makes them a material witness, then the solicitor should make available a statement of their evidence regarding the execution of the will and the circumstances surrounding it to anyone concerned in the proving or challenging of that will, whether or not the solicitor acted for those who were propounding the will.’ A request for information about the circumstances in which a Will was prepared and executed is therefore known as a Larke v Nugus

These are not probate actions within the definition set out in CPR 57 but they are matters which personal representatives may be forced to deal with and/or answer through the courts. Will contracts Wills are by their very nature revocable. However, merely because a Will is revocable does not preclude a testator from binding themselves to its contents in relation to a third party or parties. Having committed their assets by that agreement, their personal representatives become trustees for the performance of that agreement. The agreement could be and generally is, at the expense of the beneficiaries under their Will or intestacy. However, as with any contract, there must be a binding agreement by the testator to dispose of their assets in a particular manner. In order to establish a Will contract, two certainties are required: • certainty of subject matter • certainty of obligation Should the subject matter of the agreement be real property and made after 27 September 1989, that agreement must also comply with the contractual formalities relating to the disposition of land.

Stop press: The Non-Contentious Probate (Amendment) Rules 2025, SI 2025/1004 have been made to amend the Non-Contentious Probate Rules 1987, SI 1987/2024, which govern practice and procedure in the Probate Registry. They came into force on 3 November and include an amendment to SI 1987/2024, r 44 to remove the ability to enter a caveat in person at a registry and they require a caveator wishing to issue and serve a summons for directions to also provide a statement in support of the directions they are seeking. For further information, see: LNB News 10/09/2025 9. Caveats A caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry. Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate. By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant. Once

Stop press: The Non-Contentious Probate (Amendment) Rules 2025, SI 2025/1004 have been made to amend the Non-Contentious Probate Rules 1987, SI 1987/2024, which govern practice and procedure in the Probate Registry. They came into force on 3 November 2025 and include an amendment to SI 1987/2024, r 44 to remove the ability to enter a caveat in person at a registry and they require a caveator wishing to issue and serve a summons for directions to also provide a statement in support of the directions they are seeking. For further information, see: LNB News 10/09/2025 9. This Practice Note aims to guide practitioners to Q&As and examples of the principles and procedure to follow in respect of a caveat application. For guidance on caveats, also see Practice Note: Probate actions—caveats. It should be noted that although new Q&As are added to this Practice Note as they become available, individual Q&As are not currently maintained and state the law as at the date indicated in each case. What is a caveat A caveat is a written notice in

A citation is issued under the seal of the Principal Registry of the Family Division or a district probate registry. It contains the reason for its issue and the interest of the party extracting it (the citor). The citation calls upon the party cited (the citee) to enter an appearance and to take specified steps failing which the court will grant representation to the citor or another person. The Non-Contentious Probate Rules 1987, SI 1987/2024 provide for three types of citation: • citation to accept or refuse a grant • citation to take probate • citation to propound a Will The citation is used in non-contentious probate matters but it can be used as a tactic to persuade those against whom the citation is directed to negotiate a settlement. Rather than issue a citation, if all that is required is to force the executor of a Will to prove or renounce probate of that Will, the High Court may issue a summons against that person to do that. Citation to accept or refuse a grant A citation

Construction claims are common and there are many cases on the subject. Essentially, such claims are brought in order for the court to determine the testator's intention as declared and apparent from the Will. In other words, the court will determine the meaning of the words used. Although it is possible for anyone interested in the Will to make a claim, it is generally the executors who will do so because they feel uncertainty as to the effectiveness of a provision or see another ambiguity. The court of construction This term applies to any court with the power within its jurisdiction to hear any question as to the meaning and effect of a testamentary nature. The Business and Property Division has such jurisdiction, but so has the county court up to its limit. The court can authorise personal representatives to act on the basis of counsel's opinion on a matter of construction. While a testator may wish, for whatever reason, to oust the jurisdiction of the court of construction, they will not be able to do so no matter what

This Practice Note is about the doctrine of fraudulent calumny in claims that challenge the validity of a Will. It addresses the following points: • the test for fraudulent calumny • whether it is necessary to fulfil the ‘purpose’ and ‘causation’ tests to succeed with a claim • procedure • the particular challenges of fraudulent calumny claims The test for fraudulent calumny What is fraudulent calumny and how does it relate to other validity challenges? A Will is only valid if it is complies with the relevant formalities, the testator had testamentary capacity and understood and approved its terms, and it was not procured by undue influence or coercion. See: Probate actions (probate claims)—overview. In certain circumstances, it may also be possible to allege that the terms of the relevant Will came about as a result of ‘fraudulent calumny’—in other words, that one beneficiary fraudulently poisoned the testator’s mind against another beneficiary. This ground for setting aside a Will has some similarities to but is separate from coercion. It is a species of fraud. The test for fraudulent

A grant of probate may be taken out by a maximum of four of the executors appointed by the deceased in their Will who are not under a legal disability, subject to notice being given to their co-executors. Where there is no Will or there are no executors able or willing to act, letters of administration may be taken out without the requirement for notice to other persons entitled to obtain letters of administration in the same category. Interest actions concern the title of the person claiming to be entitled to a grant to the deceased's estate and arise when the interest of the person claiming letters of administration or opposing a Will is disputed. The claim becomes an interest action and without such an interest a claimant cannot bring a probate claim. The disputes may arise: • as an incidental or collateral question in a suit where the interest of a person opposing a Will is denied, in which case it may be tried separately from the main issue as to the validity of the