Legal Practice Notes

Probate actions Client guide This Precedent client guide gives an overview of probate disputes for a client or potential client. It explains what contentious probate means and the sorts of claims that might be pursued. It sets out practical points for the client to consider. Contentious probate-client guide Pre-action During the pre-action phase it is important to obtain information. It is usual to seek material from relevant health authorities and to ask for a copy of the Will file. Form 124–letter to general practitioner or local health authority incorporating a request for a report Probate actions- Larke v Nugus letter A letter of claim gives early notice of the claim and explains the basis on which it is brought. Letter of claim-probate action Letter of claim-proprietary estoppel claim Caveats and citations A caveat (also called a stop) is a written notice which a person who wishes to...

This Practice Note outlines the article 13 defence to an application under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention): that the child objects to return and is of sufficient age and maturity for their views to be considered. For guidance on defences advanced to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—consent, acquiescence and non-exercise of rights of custody Defences under the 1980 Hague Convention—grave risk of physical or psychological harm, and Child abduction—defences in response to an application under the 1980 Hague Convention—flowchart For guidance on proceedings under the 1980 Hague Convention, see: Child abduction—introduction and issuing proceedings (1980 Hague Convention) Child...

Stop Press: On 31 March 2026, Sir Andrew Mc Farlane, President of the Family Division, published consolidated guidance on allocation and gatekeeping in children proceedings before the Family Court, taking effect from 5 May 2026. The guidance replaces the 2014 public and private law guidance and establishes a single framework governing allocation across all children matters. It formalises the role of gatekeeping teams, brings allocation decisions into line with contemporary procedural pathways (including Child Focused Courts), and reaffirms the core principles of judicial continuity, proportionality and efficient deployment of judicial resources; see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is currently being revised to reflect the President’s guidance. In addition, on 22 April 2014, the Public Law Outline for care, supervision and other proceedings under Part IV of the Children Act 1989 ( Ch A 1989) took effect as...

This Practice Note This Practice Note sets out the provisions governing wardship and the court’s inherent jurisdiction in child abduction cases where the country involved is not a signatory to the Hague Convention on Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention) or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), and addresses the principles to be applied and procedural considerations. For practical assistance on proceedings brought under the 1980 or 1996 Hague Conventions, refer to Practice Notes: Child abduction—introduction and issuing proceedings (1980 Hague Convention) and Child abduction—1996 Hague Convention. In March 2018, the then President of the Family Division, Sir James Munby, issued wide‑ranging guidance dealing, in particular, with case management and matters, such as witness evidence and...

This Practice Note sets out guidance on case law concerning claims brought under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), highlighting the leading authorities of Stack v Dowden and Jones v Kernott. It further reviews decisions addressing the welfare of any minor and also the position of any secured creditor of any beneficiary. See also Practice Note: Eligibility to apply under TOLATA 1996, on relevant matters for the court and on the court’s powers. For practice and procedure, refer to these Practice Notes: TOLATA 1996—pre-action matters TOLATA 1996—when to issue in the County Court and when to issue in the High Court TOLATA 1996—when to use Part 7 and when to use Part 8 TOLATA 1996—procedure TOLATA 1996— Part 36 offers Stack v Dowden The principal authority on disputes between cohabitants is Stack v Dowden, where the...

Practice Note This Practice Note summarises the principal provisions and operation of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) in the context of child abduction proceedings. It further explains the interplay between the 1996 Hague Convention and the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention), together with pertinent case law and the implications of Brexit. For practical guidance on: the wider provisions of the 1996 Hague Convention, see Practice Notes: 1996 Hague Convention—general principles and Recognition, enforcement and co-operation under the 1996 Hague Convention; the 1980 Hague Convention, see Practice Note: Child abduction—introduction and issuing proceedings ( Hague Convention). The 1996 Hague Convention took effect in England and Wales on 1 November 2012......

Practice Note This Practice Note sets out a local authority’s obligation to secure accommodation for children under section 20 of the Children Act 1989 ( Ch A 1989) and describes voluntary accommodation under Ch A 1989, s 20, highlighting the practical difficulties an authority may encounter, such as arranging suitable delegation of parental authority and questions regarding parental capacity. Please note this Practice Note concerns the law currently applicable in England. In Wales, the position is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments; for further material, see Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales, and Local authority duties to children in Wales—child protection. Under section 20 of the Children Act 1989— Ch A 1989, s 20—every local authority is under a duty to...

This Practice Note examines the obligations on a local authority towards children in their care, encompassing those subject to care orders, interim care orders, as well as children accommodated voluntarily by the authority pursuant to section 20 of the Children Act 1989 ( Ch A 1989). It explains the local authority’s duty to safeguard and promote a child’s welfare and to make such services available for children as are reasonable, particularly in relation to placing the child in suitable accommodation and preparing a care plan. Please note, the information in this Practice Note concerns the law as it currently stands in England. The position in Wales is addressed by the Social Services and Well-being ( Wales) Act 2014 and the related statutory instruments. For further reading on Wales, see Practice Notes: Local authority powers and duties to provide...

This Practice Note outlines the steps needed to obtain an order for maintenance pending suit ( MPS) under section 22 of the Matrimonial Causes Act 1973 ( MCA 1973), or an order for maintenance pending outcome of proceedings under Schedule 5, Part 8 to the Civil Partnership Act 2004 ( CPA 2004). It sets out how to make the application, the supporting evidence required, and how the costs of an application is addressed. See also Practice Note: General principles for maintenance pending suit. Initial steps The process for seeking maintenance pending suit under the MCA 1973, and the corresponding route under the CPA 2004, is prescribed in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Parts 9 and 18. Represented parties must, subject to specified exceptions, issue and manage contested financial remedy applications online using My HMCTS. Accordingly, where relevant, regard should be had to the...

This Practice Note This Practice Note examines the overriding objective that must be applied in public law children cases, notably care proceedings under the Children Act 1989 ( Ch A 1989), to ensure matters are resolved fairly with welfare considerations to the fore and with proper regard to welfare issues. It details the court’s obligations to advance that overriding objective and the general approach in children litigation, alongside the duties of the parties and of legal representatives. It also offers guidance on when a judge should step aside. From 22 April 2014, the Public Law Outline ( PLO) governing care, supervision, and other proceedings under Ch A 1989, Pt IV took effect pursuant to the Family Procedure Rules 2010 ( FPR 2010), via FPR 2010, PD 12A. See Practice Note: Public law children procedure— Public Law Outline for practical guidance on the PLO. In 2014, the...

This Practice Note outlines the scheme for transferring tenancies following relationship breakdown under Schedule 7 to the Family Law Act 1996 ( FLA 1996), applying to those who are or have been spouses/civil partners and to former cohabitants. It identifies the kinds of tenancies caught by the legislation, the circumstances in which the court may make an order, and the principles it applies when deciding an application. The Practice Note further addresses the consequences of the orders available, how these interact with home rights, and the transfer of tenancies via a property adjustment order under section 24 of the Matrimonial Causes Act 1973 ( MCA 1973) and the corresponding provision in the Civil Partnership Act 2004 ( CPA 2004), together with Schedule 1 to the Children Act 1989 ( Ch A 1989). For practical guidance on procedural issues, see Practice Note:...

This Practice Note outlines the varieties of state pension, the eligibility rules, the ramifications in divorce, dissolution, nullity or separation cases, how to obtain information and make disclosure, and the orders a family court may impose. It takes account of state pension reforms and explains their impact within family law. This Practice Note provides guidance on: the old state pension scheme for those who reached state pension age before 6 April 2016, and the new state pension scheme for those reaching state pension age on or after 6 April 2016 State pension entitlements are often missed on divorce, dissolution, nullity or (judicial) separation, either because they are seen as of limited worth or because their structure and the options available to address the parties’ financial needs are not fully...

This Practice Note considers how civil partnership is defined in the Civil Partnership Act 2004, reflecting amendments effective from 2 December 2019 that extend it to opposite-sex couples. It outlines the formal steps required to enter into a civil partnership Definition On enactment of the Civil Partnership Act 2004 ( CPA 2004), civil partnerships were confined to two people of the same sex. From 2 December 2019, the Civil Partnership ( Opposite-sex Couples) Regulations 2019 ( CP( O-s C) R 2019), SI 2019/1458, took effect and the CPA 2004 eligibility rules were changed to permit opposite-sex couples to register a civil partnership in England and Wales. The Marriage and Civil Partnership ( Minimum Age) Act 2022 ( MCP( MA) A 2022), in force from 27 February 2023, further amends CPA 2004 by raising the minimum age for a civil partnership to 18 (rather than 16), thereby...

This Practice Note This Practice Note sets out how to apply for a domestic abuse protection order ( DAPO) within the pilot established by FPR 2010, PD 36ZG— Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement, in the courts identified for the pilot. It also outlines the actions required after a DAPO is granted, including service of the order, notifying the police, and information concerning any electronic monitoring requirement. For details of participating courts, how to apply under FPR 2010, PD 36ZG on notice or without notice, the measures a DAPO may contain, and the availability of legal aid, see Practice Note: Domestic abuse protection orders in the Family Court—application to order (pilot scheme). The DAA 2021 provisions for DAPOs in the Family Court take effect only for the purposes of the pilot in the specified courts under FPR 2010, PD 36ZG....

This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 ( MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 ( CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms....

This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 ( Ch A 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the Ch A 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the Ch A 1989 commenced) possessed in relation to the child’s property. Those rights extend to...

This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators ( IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 ( AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those...

Pilot schemes in the Family Court A range of pilot schemes are currently in force within the Family Court. Their framework is contained in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 36, together with the associated practice directions. Many, though not all, sit within the HM Courts and Tribunals Service ( HMCTS) digitalisation programme, aiming to improve the efficiency of family proceedings. This Practice Note summarises the pilots, including those concerned with: divorce private and public children financial remedy applications consent orders domestic abuse transparency video hearings female genital mutilation forced marriage protection orders The table below identifies when each pilot began, when it expired or is due to expire, and where to locate further guidance on the individual schemes. The pilots are set out in FPR 2010, SI 2010/2955, Pt 36 and the...

Defences under article 13(a) This Practice Note explains the article 13(a) defences that can be relied upon when answering an application made under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention). The available bases are that the left behind parent either consented to, or subsequently acquiesced in, the child’s removal or retention, or that the left behind parent was not, at the relevant time, actually exercising their rights of custody. For practical guidance on defences to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—grave risk of physical or psychological harm Defences under the 1980 Hague...

Introduction The behaviour of the party who seeks financial provision has long been a relevant consideration over many years. Section 1(6) of the Inheritance ( Family Provision) Act 1938 ( I( FP) A 1938), as amended, instructed the court to take into account and carefully weigh “the conduct of the applicant in relation to the deceased and otherwise”. Although section 3(1)(g) of the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) does not expressly cite conduct towards the deceased, on its face, it has, in practice, most often been, in reality, the claimant’s behaviour towards the deceased that has influenced the court in deciding both whether the disposition of the deceased’s estate failed to make reasonable provision and, if so, in what way and to what extent it should use its discretion. Because conduct by any...