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The Non-Contentious Probate (Amendment) Rules 1998

S.I. 1998/1903 · Made 30 July 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SUPREME COURT OF ENGLAND AND WALES

Made 30th July 1998

Laid before Parliament 4th August 1998

Coming into force 14th September 1998

The President of the Family Division, in exercise of the powers conferred upon him by section 127 of the Supreme Court Act 1981f1 and with the concurrence of the Lord Chancellor, hereby makes the following Rules—

Annotations to the whole text

Footnotes

f1

1981 c. 54.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Non-Contentious Probate Rules 1987
  3. 3Amendments to the Non-Contentious Probate Rules 1987
  4. 4Amendments to the Non-Contentious Probate Rules 1987
  5. 5Amendments to the Non-Contentious Probate Rules 1987
  6. 6Amendments to the Non-Contentious Probate Rules 1987
  7. 7Amendments to the Non-Contentious Probate Rules 1987
  8. 8Amendments to the Non-Contentious Probate Rules 1987
  9. 9Amendments to the Non-Contentious Probate Rules 1987
  10. 10Amendments to the Non-Contentious Probate Rules 1987
  11. 11Amendments to the Non-Contentious Probate Rules 1987
  12. 12Amendments to the Non-Contentious Probate Rules 1987
  13. 13Amendments to the Non-Contentious Probate Rules 1987
  14. 14Amendments to the Non-Contentious Probate Rules 1987
  15. 15Amendments to the Non-Contentious Probate Rules 1987
  16. 16Amendments to the Non-Contentious Probate Rules 1987
  17. 17Amendments to the Non-Contentious Probate Rules 1987
  18. 18Amendments to the Non-Contentious Probate Rules 1987
  19. Signature
  20. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 1998 and shall come into force on 14th September 1998.

(2)

In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987f1 and a reference to any form by number alone means the form so numbered in the First Schedule to those Rules.

2Amendments to the Non-Contentious Probate Rules 1987

In the Arrangement of Rules—

(a)

the words “or probate practitioners” shall be added at the end of the title of rule 4; and

(b)

the words “62A. Exercise of a registrar’s jurisdiction by another registrar” shall be added after rule 62.

3Amendments to the Non-Contentious Probate Rules 1987

In paragraph (1) of rule 2—

(a)

in the defintion of “personal applicant”, the words “or probate practitioner” shall be inserted after the word “solicitor”; and

(b)

the following definition shall be inserted after the definition of “personal applicant”—

  • ““probate practitioner” means a person to whom section 23(1) of the Solicitors Act 1974f1 does not apply by virtue of section 23(2) of that Act.”.

4Amendments to the Non-Contentious Probate Rules 1987

In rule 4—

(a)

the words “or probate practitioners” shall be added at the end of the title; and

(b)

in paragraphs (1) and (2), the words “or probate practitioner” shall be inserted after both occurrences of the word “solicitor”.

5Amendments to the Non-Contentious Probate Rules 1987

The following words shall be inserted at the end of paragraph (3)(a) of rule 5—

“, unless a judge, district judge or registrar so permits”.

6Amendments to the Non-Contentious Probate Rules 1987

In rules 5(3)(b), 43(3)(a), 44(2), 44(3)(a) and 46(2) the words “or probate practitioner”shall be inserted after the word “solicitor”.

7Amendments to the Non-Contentious Probate Rules 1987

(1)

In paragraph (1A) of rule 27, the words “appointed by reference to their being” and “and not by their names,” shall be omitted.

(2)

For paragraph (7) of rule 27, there shall be substituted the following—

“(7)

The issue of a summons under this rule in a registry shall be noted forthwith in the index of pending grant applications.”.

8Amendments to the Non-Contentious Probate Rules 1987

(1)

After paragraph (1)(a) of rule 32, the following new sub-paragraph shall be inserted—

“(aa)

a person who has, or is deemed to have, parental responsibility for the minor by virtue of section 12(2) of the Children Act 1989f1 where the court has made a residence order under section 8 of that Act in respect of the minor in favour of that person; or”.

(2)

At the end of paragraph (1)(b) of rule 32, the word “or” shall be inserted.

(3)

After paragraph (1)(b) of rule 32, the following new sub-paragraph shall be inserted—

“(c)

a local authority which has, or is deemed to have, parental responsibility for the minor by virtue of section 33(3) of the Children Act 1989 where the court has made a care order under section 31(1)(a) of that Act in respect of the minor and that local authority is designated in that order;”.

9Amendments to the Non-Contentious Probate Rules 1987

(1)

In paragraph (4) of rule 35, for the words “two or more other persons”, there shall be substituted the words “other person”.

(2)

The following words shall be inserted at the beginning of paragraph (5) of rule 35—

  • “Unless the applicant is the person authorised in paragraph (2)(a) above,”.

10Amendments to the Non-Contentious Probate Rules 1987

After paragraph (2) of rule 37, there shall be inserted the following new paragraph—

“(2A)

Renunciation of probate or administration by members of a partnership—

(a)

may be effected, or

(b)

subject to paragraph (3) below, may be retracted by any two of them with the authority of the others and any such renunciation or retraction shall recite such authority.”.

11Amendments to the Non-Contentious Probate Rules 1987

(1)

For paragraph (4) of rule 44, there shall be substituted the following—

“(4)

An index of caveats entered in any registry or sub-registry shall be maintained and upon receipt of an application for a grant, the registry or sub-registry at which the application is made shall cause a search of the index to be made and the appropriate district judge or registrar shall be notified of the entry of a caveat against the sealing of a grant for which the application has been made.”.

(2)

In paragraphs (5), (9), (10) and (12) of rule 44, for the words “registry in which the caveat index is maintained”, there shall be substituted the words “nominated registry”.

(3)

After paragraph (14) of rule 44, there shall be added the following new paragraph—

“(15)

In this rule, “nominated registry” means the registry nominated for the purpose of this rule by the senior district judge or in the absence of any such nomination the Leeds District Probate Registry.”.

12Amendments to the Non-Contentious Probate Rules 1987

In paragraph (3) of rule 55, after the word “prejudiced”, there shall be inserted the words“, or such other person who might be prejudiced,”.

13Amendments to the Non-Contentious Probate Rules 1987

For rule 57, there shall be substituted the following new rule—

“Index of grant applications

57
(1)

The senior district judge shall maintain an index of every pending application for a grant made in any registry or sub-registry.

(2)

Every registry or sub-registry in which an application is made shall cause the index to be searched and shall record the result of the search.”.

14Amendments to the Non-Contentious Probate Rules 1987

The following new rule shall be inserted after rule 62—

“Exercise of a registrar’s jurisdiction by another registrar

62A

A registrar may hear and dispose of an application under these Rules on behalf of any other registrar by whom the application would otherwise have been heard, if that other registrar so requests or an application in that behalf is made by a party making an application under these Rules; and where the circumstances require it, the registrar shall, without the need for any such request or application, hear and dispose of the application.”.

15Amendments to the Non-Contentious Probate Rules 1987

In paragraph (1) of rule 66, for the second occurrence of the words “judge or district judge”, there shall be substituted “judge, district judge or registrar”.

16Amendments to the Non-Contentious Probate Rules 1987

In Form 3—

(a)

the words “or probate practitioner” shall be inserted after the first occurrence of the word“solicitor”; and

(b)

the words “/probate practitioner” shall be inserted after the second occurrence of the word“solicitor”.

17Amendments to the Non-Contentious Probate Rules 1987

In Form 4—

(a)

the words “or probate practitioner” shall be inserted after both occurrences of the word“solicitor”;

(b)

for the words “[The Registry in which the caveat index is maintained]”, there shall be substituted the words “[The nominated registry as defined by rule 44(15)]”; and

(c)

for the words “[name and address of the registry in which the caveat index is maintained]”, there shall be substituted the words “[name and address of the nominated registry]”.

18Amendments to the Non-Contentious Probate Rules 1987

In Form 5, the words “/probate practitioner” shall be inserted after the word “Solicitor”.

Signature

Stephen Brown, P.

Dated 29th July 1998

I concur,

Irvine of Lairg, C.

Dated 30th July 1998

Explanatory note

(This note is not part of the Rules)

These Rules amend the Non-Contentious Probate Rules 1987 as follows—

(a)

rules 2(a), 3, 4, 6, 16, 17(a) and 18 provide that probate practitioners may act for applicants as well as solicitors; persons falling into the category of probate practitioners as defined in these Rules, may be found listed in section 23(2) of the Solicitors Act 1974;

(b)

rules 5, 7, 9 and 15 provide for minor changes and corrections to the 1987 Rules;

(c)

rule 8 provides for all persons having parental responsibility for a minor to have an equal right in respect of a grant on behalf of a minor;

(d)

rule 10 provides for any two partners to renounce probate or administration on behalf of the other members of a partnership;

(e)

rules 11, 13, 17(b) and 17(c) provide for amendments as a result of the computerisation of the index of caveats and summonses;

(f)

rule 12 widens the persons to whom notice must be given of an application for the rectification of a will, where they might be prejudiced by it; and

(g)

rules 2(b) and 14 provide for the exercise of a registrar’s jurisdiction by another registrar in certain circumstances.