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CHECKLISTS
There are two different ways in which probate practitioners may apply for a grant of representation on behalf of the personal representatives (PR) of a deceased estate either: • by post, using application form PA1P (where there is a Will) or PA1A (where there is not a Will), or • online, using the MyHMCTS online application service However, there is not always a choice as to which method of application to use. With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 (NCPAR 2020). Following the end of the transition period on 11 January 2021, it is mandatory for professionals to submit most straightforward probate applications using the online process rather than by paper. The list of exceptions, where it continues to be permitted to use the postal application process as an alternative to the online process, is contained in Schedule 3 to NCPR 1987, SI 1987/2024 and includes all applications for grants of letters
GLOSSARY
Probate assets are the assets of a deceased person that must be administered through the grant of representation process (grant of probate, letters of administration, or Scottish confirmation), rather than passing automatically outside the estate.Typically, probate assets include solely owned real property, bank and investment accounts in the deceased’s sole name, personal chattels, business interests, and any other property that does not pass by survivorship or direct contractual mechanism. Non‑probate assets generally include jointly held property passing by survivorship, pension death benefits payable at trustees’ discretion, and life policies written in trust or assigned.The term is descriptive rather than one with a fixed statutory definition, but it is widely used in probate practice, estate administration, succession planning and contentious probate litigation across England and Wales, Scotland, Northern Ireland and Ireland. Usage is broadly consistent in all four jurisdictions, although Scottish practitioners may more commonly distinguish between “estate for confirmation” and “non‑estate” assets.Identifying probate and non‑probate assets is fundamental for: assessing whether a grant or confirmation is required; calculating inheritance tax; determining what property is subject to wills, intestacy rules and legal rights/forced heirship; and advising executors, administrators and beneficiaries.
GLOSSARY
A claim in respect of any contentious matter arising in connection with an application for the grant or revocation of probate or letters of administration.
CHECKLISTS
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. Action CPR 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
GLOSSARY
Probate estate refers to the property of a deceased person that must be administered through a formal court process (probate or confirmation) before it can be distributed to beneficiaries. It broadly consists of assets that were owned in the deceased’s sole name and do not pass automatically by survivorship or nomination.In England and Wales and Northern Ireland, the probate estate is dealt with under a grant of probate or letters of administration; in Ireland, under a grant of probate or administration; and in Scotland through confirmation of the deceased’s estate. The expression is descriptive rather than a technical statutory term, but is widely used in succession practice, tax planning and estate administration.The probate estate typically excludes jointly-owned assets passing by survivorship, life policies written in trust, and pension death benefits payable at trustees’ discretion. Correctly identifying the probate estate is critical for: determining whether a grant is required, preparing inheritance tax or Capital Acquisitions Tax returns, assessing legal and prior rights (Scotland), and resolving creditor claims. Usage is broadly consistent across the UK and Ireland, though Scots law distinguishes between moveable and heritable property within the estate.
PRACTICE NOTES
There are a number of scenarios in which a probate practitioner should consider making adjustments for vulnerable or disabled individuals who are involved in the administration of an estate, either as personal representatives or beneficiaries, perhaps due to visual, communication or mobility issues. Such adjustments might include providing written advice in larger print, ensuring access and suitable parking for meetings, making home visits or arranging for a suitable translator. Where there is a Will it may be that the testator themselves had a disability, which may be evidenced by the form of the attestation clause used, eg an attestation clause for a blind or visually impaired testator. However, often an issue will only come to light following objections after the death from the deceased’s relatives or beneficiaries as to the Will’s validity. A practitioner dealing with the probate of the Will should ensure that the Will was executed properly and the correct form of attestation used in the circumstances. The validity of the Will may still be disputed, despite the appropriate attestation
PRECEDENTS
This document provides general guidance regarding the probate procedure for non-professional personal representatives and bereaved family members. Your probate practitioner will be able to provide specific advice based on your circumstances. FORTHCOMING CHANGE relating to IHT on pension death benefits: Following an announcement at Autumn Budget 2024 on 30 October 2024, unused pension funds and certain death benefits payable from a pension will be brought into a person’s estate for IHT purposes with effect from 6 April 2027, under sections 66 to 71 of the Finance Act 2026. This will apply both to defined contribution and defined benefit schemes, as well as to UK registered schemes and qualifying non-UK pension schemes. For more information, see Practice Note: Hot topic—the reform of inheritance tax on pensions and News Analysis: Autumn Budget 2024—Private Client analysis — Inheritance tax. Dealing with the death of a loved one can involve many challenges, both emotional and practical. If you are also a personal representative (PR) officially dealing with the estate (the property and possessions of the person who has died) as either an executor
GLOSSARY
Probation is a community-based alternative to immediate imprisonment, allowing an offender to remain in the community under supervision and subject to conditions instead of, or alongside, a custodial sentence. It focuses on rehabilitation, risk management and public protection.In England and Wales, probation is primarily governed by the Criminal Justice Act 2003 and related legislation, with supervision carried out by the Probation Service under community orders, suspended sentence orders and post-custodial licence conditions.In Scotland, probation as a formal sentence has been replaced by community payback orders under the Criminal Justice and Licensing (Scotland) Act 2010, but the term “probation” is still used informally to describe court-ordered supervision in the community.In Northern Ireland, probation is delivered by the Probation Board for Northern Ireland under various sentencing and public protection statutes.In Ireland, the Probation Service supervises offenders on probation orders and related community sanctions under the Criminal Justice (Community Service) Acts and associated legislation.Across all jurisdictions, breach of probation conditions can result in resentencing, activation of a suspended sentence, or return to custody.
GLOSSARY
The employee's initial period of employment during which the employer assesses the employees' suitability for the role.
PRECEDENTS
This form applies to [set out details, eg all employees of the Company]. [[You may find it helpful to read the [Probationary Period Policy] before completing this form.]] Name: Job title: Department: Start date: Reviewing manager: Probationary period scheduled end date: Start of probationary period Set objectives for the probationary period. Company policy is to set [insert details, eg between three and five] objectives. These should be aligned with the strategic priorities of the team, department and the
PRACTICE NOTES
This Practice Note examines the use of probationary periods (or trial periods) in employment contracts. These are typically used to assess the suitability of newly-appointed employees (sometimes known as probationers), and provide a structured framework for early termination, usually on shorter notice, if the employment relationship is not working. This Practice Note: • explains the legal status of probationary periods • considers the interaction between probationary periods and statutory employment rights, including unfair dismissal • considers the drafting, management, extension and termination of probationary periods, and • provides practical guidance for employment law practitioners For a sample policy, see Precedent: Policy—probationary periods. With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. For information on the impact of those changes generally, see Practice Note: ERA 2025—implications of unfair dismissal qualifying period and
GLOSSARY
Probative facts are pieces of evidence that tend to prove or disprove a fact in issue in legal proceedings. In practice, a probative fact is one that makes a material allegation more or less likely to be true, and so has real value in persuading the court or tribunal on a disputed point.The concept underpins rules on relevance and admissibility of evidence across England and Wales, Scotland, Northern Ireland and Ireland, and usage is broadly consistent. While terminology may derive from statute or case law (for example, discussions of “probative value” and “probative force”), “probative facts” is primarily a descriptive evidential expression rather than a defined statutory term.In civil and criminal litigation, courts routinely balance the probative value of facts against potential prejudice, delay or confusion. Advocates therefore focus on identifying which facts are probative of key issues in dispute, and which are merely background, collateral or prejudicial. In Scots law, reference to “probative” also appears in the context of formal validity of certain documents, but in the law of evidence it carries the same core meaning: a fact capable of supporting or undermining a party’s case.