Jurisdiction

Jurisdiction

Jurisdiction—the probate court

Historical records indicate that the probate jurisdiction of the courts developed from the reign of Richard II when a decree ended the schism between the county courts (a purely local affair) and the wider authority of the Church, with the ecclesiastical jurisdiction becoming paramount. This, of course, promoted an overwhelming equitable flavour to proceedings with the conscience of court being regularly invoked.

The standard of proof applied in respect of probate claims is the same as that applied in general civil proceedings.

Probate claims are specifically defined in CPR 57.1(2) and are claims for either:

•
a grant
•
revocation of a grant, or
•
the validity of a Will

The majority of probate claims relate to the formal or substantive validity of a Will or a combination of the two. If the latter, there can often be a conflict of evidence. Claims relating to formal validity will involve such issues as the due execution of the Will, testamentary intention and whether the disposition is actually a Will. Claims in respect of substantive validity might include the testator's mental capacity, their knowledge

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