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The end is nigh

Continuing to fight a probate claim when the case appears to have tipped against you is a fool’s errand – withdraw while you can

29 October 2014

Probate claims are notoriously difficult. It is not uncommon for evidence that may severely affect the prospects of success in a case to emerge late in the day, after significant costs on all sides have been accrued. The horror then dawns that your client might be made liable for the other side's significant costs - a sobering proposition.

Probate claims are however a different species altogether from other types of court proceedings; enter CPR rule part 57.11. This rule provides that the normal step, whereby the discontinuing party can elect to discontinue by filing a 'notice of discontinuance' (which normally triggers their liability to pay the other side's costs) does not apply to probate claims. In substance either party in the situation where a probate claim is to
be discontinued must apply to the
court for an order to discontinue,
or dismiss the proceedings on terms
as to costs. The situation, then, is not

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