Probate action / probate claim meaning

A probate action (also called a probate claim or contentious probate) is court litigation to determine whether a will or codicil is valid, who is entitled to a grant of probate or letters of administration, and whether any existing grant should be revoked. Common grounds include want of due execution, lack of testamentary capacity, lack of knowledge and approval, undue influence, fraud or forgery, and revocation. In England and Wales, “probate claim” is defined in CPR Part 57 and covers claims for a grant, for revocation of a grant, and for pronouncing for or against the validity of a will. Northern Ireland and Ireland use similar terminology in court rules governing probate actions before the High Court. Scotland does not use “probate”: the equivalent issues arise in actions to reduce (set aside) or prove testamentary writings, with “confirmation” being the analogue of a grant. These proceedings decide which testamentary instrument governs the estate and who may administer it (executor or administrator). They often involve caveats, warnings and appearances to prevent or challenge a grant. They are distinct from, but may run alongside, family provision or inheritance claims (for example, under the Inheritance (Provision for Family and Dependants) Act 1975).