Contentious Probate Claims
Contentious probate proceedings are issued in the Business and Property Courts (Property, Trusts and Probate List) of the Chancery Division. Claims may challenge the validity of a will on grounds of want of testamentary capacity (Banks v Goodfellow (1870)), want of knowledge and approval, undue influence, fraud, forgery, or want of due execution under section 9 of the Wills Act 1837.
A Larke v Nugus request enables challengers to obtain the will file and attendance notes from the drafting solicitor. Caveats can be entered at the Probate Registry to prevent a grant being issued while the dispute is resolved. Probate claims are governed by CPR Part 57 and Practice Direction 57A.
Inheritance (Provision for Family and Dependants) Act 1975
The 1975 Act allows eligible applicants to claim that a will or intestacy does not make reasonable financial provision for them. Claims must be issued within six months of the grant of representation, though the court has discretion to extend time under section 4.
- Section 1(1)(a): Surviving spouse or civil partner
- Section 1(1)(b): Former spouse (not remarried)
- Section 1(1)(ba): Cohabitant of two or more years
- Section 1(1)(c): Child of the deceased
- Section 1(1)(d): Person treated as child of family
- Section 1(1)(e): Person maintained by the deceased
Trust Disputes and Breach of Fiduciary Duty
Trust disputes encompass breach of trust claims, trustee removal applications under section 36 of the Trustee Act 1925, applications for directions under CPR Part 64, and variation of trusts under the Variation of Trusts Act 1958. Claims involving breach of fiduciary duty have no limitation period where the trustee has acted fraudulently (section 21 of the Limitation Act 1980).
Remedies include equitable compensation, account of profits, tracing, removal and replacement of trustees, and court-directed administration. Proprietary claims may be pursued where trust assets can be identified.
Court Routes and Procedure
Contentious probate claims are issued under CPR Part 7 or Part 8 in the Chancery Division. Inheritance Act claims use the Part 8 procedure. The court may order mediation under CPR Part 3, and many probate disputes settle at a round-table meeting or mediation before trial.
- Chancery Division: High-value and complex probate claims
- County Court: Lower-value claims and uncontested matters
- Court of Protection: Statutory wills for incapacitated persons
- Probate Registry: Caveat and standing search procedures
- CPR Part 57: Probate-specific procedural rules
- CPR Part 64: Trust and estate administration applications

