Probate Claim Defendant UK: How to Respond (2026)

Overview

A probate claim is a court action that concerns the estate of someone who has died. The claim might challenge whether a will is valid, ask the court to pronounce for or against a particular document as the true last will, seek the removal or substitution of a personal representative, or raise questions about how the estate is being administered.

These claims are governed by Part 57 of the Civil Procedure Rules, which sets out specific procedural steps that differ from an ordinary civil claim. If you have been named as a defendant, it usually means the claimant believes you have an interest in the outcome.

You might be an executor, a beneficiary under the disputed will, a family member who would inherit if the will failed, or a person accused of mishandling the estate. The court treats probate claims carefully because the person most affected, the deceased, cannot give evidence.

That is why there are extra rules around producing original testamentary documents and why the process can feel more formal than a standard dispute.

Key steps

1. Read the claim form carefully and note the date of service. Your response deadline runs from the day you were served, so pin this date down straight away. Check whether the particulars of claim arrived with the claim form or separately, because that affects the clock. Keep the envelope and any covering letter.
2. File your acknowledgement of service within 28 days. For probate claims the window is longer than an ordinary civil claim. You must return the acknowledgement to the court that issued the claim, indicating whether you intend to defend, and serve a copy on the claimant. Missing this step lets the claimant apply for the claim to proceed without you.
3. Lodge all testamentary documents in your possession or control. When you file your acknowledgement you are required to lodge any will, draft will, written instructions for a will, and anything that might evidence a lost or destroyed will. You also need to confirm on oath what testamentary documents you have or have had. This duty applies even if the documents hurt your case.
4. Decide whether to defend, counterclaim, or stay neutral. Some defendants actively contest the claim, some bring their own counterclaim about the administration of the estate, and some simply want the court to determine the matter without taking sides. Each option has cost consequences, so think carefully about which category you fall into before filing your defence.
5. File your defence within the required period. If you are defending, your defence must follow the acknowledgement and should respond to each allegation in the particulars of claim. A counterclaim, if you have one, is usually filed at the same time. Late or poorly drafted defences can be struck out, so do not rush the drafting.

Common questions