Q In respect of administration actions, the county court has jurisdiction where the amount or value of the estate does not exceed the county court’s equity limit which is currently £350,000. On the standard grant of probate, both the “gross” and the “net “value of the estate is given. Which of these is to be used for calculating the amount or value of the estate for the purposes of the county court’s equity limit?”
A The position is not straightforward. Jurisdiction can depend on the value of the estate both when the claim is commenced and when the court is subsequently dealing with it. The grant may simply give a ‘not exceeding’ figure and that or any specific value will be taken as at the date of death. Nevertheless, we consider that the net value shown in the grant be taken as the starting point for the purpose of jurisdiction with a transfer up being necessary if it transpires that the net value has exceeded £350,000.
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