which court

[greymatter]

Hello
Hoping someone can advise me regarding probate claims.
If full probate proceedings are to be commenced can this be done at any court like a county court or does it have to go through any other court.
Thanking you in advance
greymatter

[des8]

Depends what you are claiming;
Practice Direction 57:
The claim form must be issued out of –


(1) Chancery Chambers at the Royal Courts of Justice; or



(2) one of the Chancery district registries; or



(3) if the claim is suitable to be heard in the County Court –


(a) a County Court hearing centre in a place where there is also a Chancery district registry; or



(b) the County Court at Central London.

There are Chancery district registries at Birmingham, Bristol, Caernarfon, Cardiff, Leeds, Liverpool, Manchester, Mold, Newcastle upon Tyne and Preston.

(Section 32 of the County Courts Act 1984 identifies which probate claims may be heard in the County Court.)

[greymatter]

Thank you for your reply.
So if a previous will was to be asked to be replaced withdrawning the latest will due to dementia and undue influncce concerns would this be suitable for the county court.

[des8]

So you (or a beneficiary) of an earlier will want to challenge the validity of the latest will (has probate been granted?) on the grounds that (a) the testator lacked testamentary capacity and (b) undue influence was brought to bear on the testator, and have an earlier will recognised.

If probate has not yet been granted a caveat should be lodged immediately. (https://www.gov.uk/wills-probate-inh...representation)

The action should be initiated in a County Court hearing centre in a place where there is also a Chancery district registry