Step 9: Enforcement of court orders

Wills and Probate

For a general overview on Enforcement of Court Order, please see the 'Enforcement of Court Order' in the Debt section.

In Probate and Inheritance Act disputes, the judgment or order is passed by the High Court or County Court, respectively. For the enforcement of High Court Judgment or orders of the County Court, rule 70.3 of Practice Direction 70 should be followed (1).

The person making the request to enforce the judgment needs to file the following documents:

  • A copy of the judgment or order;

  • A certificate verifying the amount due under the judgment or order;

  • If a writ of execution or writ of control has previously been issued in the High Court to enforce the judgment or order, a copy of the relevant enforcement officer’s return to the writ; and

  • A copy of the order transferring the proceedings to the County Court.