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Probate claim procedure—table

Probate claim procedure—table 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...

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Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration FORTHCOMING CHANGE: The postal application forms PA1P and PA1A for practitioners introduced on 23 March 2020 were due to be merged with the forms of the same name for lay applicants. If this happens, it may result in some changes to the questions and numbering contained in the forms. See News Analysis: Developments on the new probate application process for practitioners. Requirement for application form or online application Every application for a grant of representation, other than a resealing, must be supported by an appropriate statement of truth. Prior to 27 November 2018, it was necessary for an oath (for executors or administrators) to be sworn in the presence of a commissioner for oaths or an independent solicitor holding a practising certificate. It was also necessary for each applicant and the person before whom the oath was sworn to mark the original Will and any codicil. Separate statements of truth replaced oaths from 27 November...

How to issue a Part 8 claim in contentious estates

How to issue a Part 8 claim in contentious estates Prepare the claim form The claimant prepares the claim form (Form N208) stating: • that CPR 8 applies • the question which the claimant wants the court to decide, or the remedy which the claimant is seeking and the legal basis for the claim to that remedy • if the claim is being made under an enactment, what the enactment is eg the Inheritance (Provision for Family and Dependants) Act 1975 • if the claimant is claiming in a representative capacity what that capacity is • if the defendant is sued in a representative capacity what that capacity is The defendants will be the deceased’s personal representatives and such of the beneficiaries as appear to be necessary parties. It is usual to make the residuary beneficiaries parties as they are most likely to be affected by any order. It may be appropriate to make specific legatees parties, particularly if they are recipients of significant assets from the estate. Recipients of...

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The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung?

The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung? The right to see a Will before probate It is correct that a Will is a private document before the grant of probate is issued. The actual beneficiaries under the Will have no entitlement to see it. The only people who have the right to see the Will before probate are the executors. Obviously, they usually send a copy of the Will to any residuary beneficiaries but it is within the executors discretion as to whom they disclose the Will. See generally, Probate actions (probate claims)—overview. Sections...

When filing an acknowledgment of service to a probate claim, and there are multiple defendants, and none of the defendants wish to defend the claim, do they still have to file a witness statement annexing testamentary documents? Does each individual defendant have to sign a separate witness statement or can a collective witness statement be signed if all the defendants are represented by the same firm? What are the sanctions for a defendant failing to file a witness statement with testamentary documents if they do not intend to defend the claim?

When filing an acknowledgment of service to a probate claim, and there are multiple defendants, and none of the defendants wish to defend the claim, do they still have to file a witness statement annexing testamentary documents? Does each individual defendant have to sign a separate witness statement or can a collective witness statement be signed if all the defendants are represented by the same firm? What are the sanctions for a defendant failing to file a witness statement with testamentary documents if they do not intend to defend the claim? CPR 57.5(3) provides that every defendant to a probate claim who acknowledges service of the claim form must in written evidence describe any testamentary document of the deceased of which they have any knowledge and, if any such document is not in his possession or control, give the name and address of the person in whose possession or control it is. Importantly, this obligation is placed on every defendant who acknowledges

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Question of the week: The deceased was Isle of Man resident and domiciled. The majority of their assets were based there but they also held shares in the UK worth around £50,000. A grant of probate has been obtained in the Isle of Man. Does a separate grant of probate need to be issued to deal with the UK assets? If so, how, as the Will is no longer available.

Mini-summary: This Q&A considers whether a separate grant of probate needs to be issued to deal with the UK assets of a deceased individual who was resident and domiciled in the Isle of Man, where a grant of probate has already been obtained in Isle of Man.

Question of the week: What issues arise out of the fact that the surviving spouse who is also the sole executor seeks to brings a pre-grant claim for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975? Who do they sue?

This Q&A considers who should be the defendants in a claim under the Inheritance (Provision for Family and Dependants) Act 1975 where the claimant is also the sole personal representative of the estate and the grant has not yet been obtained.