Non-contentious probate business definition

View the related practice notes about Non-contentious probate business

Jurisdiction in probate matters

Role of the courtThe High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction relating to:•testamentary causes and matters•the grant, amendment or revocation of probates and letters of administration, and•the real and personal estates of deceased personsProbate jurisdictionThe 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 DivisionThere are three main issues:•whether a document is admissible to probate•who is entitled to a grant of representation•whether a grant already made should be revokedRight of interpretation—Family DivisionTo 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, it may use its discretionary power to make a grant to a suitable person, leaving the question...

Jurisdiction—the probate court

JurisdictionThe probate jurisdiction of the courts developed within the Ecclesiastical jurisdiction that had been in force since the 14th century. However, the procedures there were entirely different to those in their sister Courts of Chancery Law and Chancery. In particular, the Ecclesiastical Courts were concerned with:'… the demands of the law and the conscience of the Court.' (Wyatt v Ingram sub nom Ingram v Wyatt (1832) 3 Hag Ecc 466, 1 LJ Ch 135)This equitable approach developed to protect the true last wishes of the deceased against their relatives' contrary and self-seeking activities.Before 1858, jurisdiction to grant or revoke probate of Wills or letters of administration of the estates of deceased persons was vested in some 370 ecclesiastical or secular courts or persons in England and Wales in addition to the Prerogative Courts of Canterbury and York but, as a result of the Court of Probate Act 1857 which came into force on 11 January 1858, the Ecclesiastical Courts lost their jurisdiction to the Courts of Probate and Matrimonial Causes....