Jurisdiction in probate matters


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Practice notes

Jurisdiction in probate matters


Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert

Practice notes
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Role of the court

The High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious cases relating to:

  1. •

    testamentary causes and matters

  2. •

    the grant, amendment or revocation of probates and letters of administration, and

  3. •

    the real and personal estates of deceased persons

Probate jurisdiction

The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and County Court).

The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business. See Practice Note: What are common and solemn form probate?

Probate jurisdiction—Family Division

There are three main issues:

  1. •

    whether a document is admissible to probate

  2. •

    who is entitled to a grant of representation

  3. •

    whether a grant already made should be revoked

Right of interpretation—Family Division

To grant representation the Family Division may consider the terms of testamentary documents to determine a point of construction but is not bound to do so. Instead,

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Jurisdiction(s):
United Kingdom
Key definition:
Letters of Administration definition
What does Letters of Administration mean?

The representation'>grant of representation obtained by the representative'>personal representative of a deceased person's estate, where the deceased did not leave a Will, or the Will has been found to be invalid.

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