Form N2A Probate Claim UK: Contesting a Will Guide

What this document is

Form N2A sits alongside the main probate claim form (N2) and provides the guidance notes a claimant needs when issuing contentious probate proceedings in the High Court or County Court. A probate claim is a formal civil action brought to resolve a dispute about a will or the administration of an estate.

Typical grounds include questioning whether the deceased had the mental capacity to make the will, alleging undue influence, raising concerns about how the will was signed and witnessed, or challenging the conduct of an executor. The person bringing the claim is the claimant.

The person being sued is the defendant. Where the claimant is under 18 or lacks mental capacity within the meaning of the Mental Capacity Act 2005, a litigation friend must act on their behalf. The N2A notes explain how to complete the headings, identify the parties, describe each party's interest in the estate, and deal with any testamentary documents held.

Because contentious probate has its own procedural rules under Part 57 of the Civil Procedure Rules, the form carries more detail than a standard civil claim form.

How to use this document

1. Set out the correct court heading. Every probate claim form opens with the line 'In the estate of [name of deceased] deceased (Probate)'. Below this, the court heading depends on where the claim is issued. In London, use 'In the High Court of Justice Chancery Division'. Outside London, you will either use the relevant Chancery Division District Registry or 'In the County Court' at a hearing centre that handles chancery work. Choosing the wrong court can delay issue, so check carefully.
2. Complete the claimant and defendant details. Fill in every known forename and surname for each party, along with a full residential address and postcode within the UK. Use block capitals and black ink throughout. If you are happy to accept service of documents by DX, fax or email in the UK, add those details. Note that direct methods of service are not permitted across the European Economic Area under the current service rules, so a UK address for service is essential.
3. Add litigation friend details where needed. If the claimant is a minor or a protected party who cannot conduct proceedings themselves, the form must name a litigation friend and include the appropriate certificate of suitability. The litigation friend takes responsibility for running the case in the claimant's best interests and will usually need to cover costs orders made against the claimant during the proceedings.
4. State each party's interest in the estate. The form requires a clear statement describing the nature of the claimant's interest and the nature of each defendant's interest. For example, you might be a beneficiary under an earlier will, a person entitled on intestacy, or a creditor of the estate. If you dispute the interest another party claims to hold, say so and give your reasons. Where you are challenging the will itself or the executor's conduct, spell that out and set out the grounds relied on.
5. Lodge testamentary documents and a witness statement. Any testamentary document in your possession or control, such as the original will, a draft, a codicil, or earlier wills, must be lodged at court when the claim is issued. You also need to file a witness statement describing any testamentary documents you know about and what has happened to them. This duty applies to defendants too once they acknowledge service, and it is taken seriously by the court.

Common questions