Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

Costs in contentious probate and Inheritance (Provision for Family and Dependants) Act 1975 litigation: rules, exceptions, Part 36, CFAs and executors (England and Wales)

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Practice notes

The legal costs position in probate claims

The cost landscape in probate disputes is frequently misconstrued. This Practice Note addresses:

the costs position in proceedings challenging the validity of a Will, and
applications under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)

The starting point-the general rule

A widespread myth is that the estate routinely meets the litigation costs. That is wrong. CPR 44.2 governs both probate proceedings and I(PFD)A 1975 claims. The usual rule is that costs follow the event. A losing party will ordinarily be ordered to pay some or all of the successful party’s costs (CPR 44.2(2)), subject to the court’s discretion.

The court may exercise that discretion by assessing conduct. Conduct (CPR 44.5) covers behaviour before and during the claim, including the extent of compliance with any pre-action protocol. There is no specific pre-action protocol for probate or I(PFD)A 1975 matters. Practitioners should therefore have regard to the Practice Direction-Pre-Action Conduct and the ACTAPS Practice Guidance for the Resolution of Trust and Probate Disputes (the ACTAPS Code). The Code gives practical guidance on proportionate pre-action steps and disclosure duties, and includes model letters. All practitioners should remain alive to possible sanctions...

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Web page updated on 29/05/2026

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