Explanatory note

(This note is not part of the Rules)

These rules amend the Non-Contentious Probate Rules 1987, which regulate the conduct of non-contentious probate business in the High Court.

The purpose of the amendments is to–

(a)

make amendments consequential upon the Children Act 1989 (rules 2 to 5);

(b)

make amendments consequential upon section 74 of the Courts and Legal Services Act 1990 (District judges) (rules 6 and 7);

(c)

make minor amendments to the procedure where two or more persons are entitled in the same degree to a grant of administration (rule 8);

(d)

to simplify the procedure for grants of administration in respect of settled land (rule 9);

(e)

to refer to the possibility of placing limitations on grants of administration where the deceased died domiciled outside England and Wales (rule 10);

(f)

to permit standing searches to be entered at District Probate Registries and sub-registries (rule 11);

(g)

to make minor amendments to the procedure for caveats (rule 12);

(h)

to make new provision for the taxation of costs (rule 13); and

(i)

to clarify the situation where a District Probate Registrar considers that the directions of a High Court Judge should be obtained (rule 14).