# The Non-Contentious Probate (Amendment) Rules 2019

S.I. 2019/1057 · made 25 June 2019

These Rules amend the Non-Contentious Probate Rules 1987 (S.I. 1987/2024) (“the 1987 Rules”) in the following respects.

Made under: Senior Courts Act 1981

## Introductory text

Senior Courts Of England And Wales
Made 25th June 2019
Laid before Parliament 27th June 2019
Coming into force 1st October 2019
The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 127 of the Senior Courts Act 1981.

## 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2019, and come into force on 1st October 2019.
(2) In these Rules, a reference to a rule by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987.

## 2 Amendments to the Non-Contentious Probate Rules 1987: interpretation

In rule 2 (interpretation), in the definition of “online portal”, for “alternative”, the first time it occurs, substitute “online”.

## 3 Amendments to the Non-Contentious Probate Rules 1987: applications for grants through solicitors or probate practitioners

In rule 4(1A) (applications for grants through solicitors or probate practitioners), for the words from “at any registry” to the end, substitute “online under rule 4A (online procedure for applications through solicitors or probate practitioners).”.

## 4 Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for applications through solicitors or probate practitioners

For rule 4A (alternative procedure for applications through solicitors or probate practitioners), substitute—
“Online procedure for applications through solicitors or probate practitioners
4A. (1) An application for a grant made through a solicitor or probate practitioner may be made online using the online portal.
(2) An application under this rule must be made by completing and sending the online application form provided through the online portal and electronically paying the appropriate fee.
(3) Where original documents are required to be sent in support of the application, these must be sent separately in accordance with instructions given through the online portal.”

## 5 Amendments to the Non-Contentious Probate Rules 1987: online procedure for personal applications

In rule 5ZA(1) (online procedure for personal applications), for “applications”, the first time it occurs, substitute “procedure”.

## 6 Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for personal applications

In rule 5A (alternative procedure for personal applications), for the heading, substitute “alternative online procedure for personal applications”.

## 7 Transitional and saving provision

Where an application was begun under rule 4A before the date on which these Rules come into force, rule 4A, as it was in force immediately before that date, continues to have effect in respect of that application.

## Signature

Andrew McFarlane
President of the Family Division
I allow these Rules
Paul Maynard
Ministry of Justice
25th June 2019

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Non-Contentious Probate Rules 1987 (S.I. 1987/2024) (“the 1987 Rules”) in the following respects.
Rule 3 amends rule 4 (applications for grants through solicitors or probate practitioners) of the 1987 Rules to provide that applications made through a solicitor or probate practitioner may be made online under rule 4A (online procedure for applications through solicitors or probate practitioners) of the 1987 Rules without the need for an invitation from a registry, allowing for an online process for such applications, which has been piloted, to be introduced more widely.
Rule 4 substitutes a new rule 4A for the existing rule 4A, providing for the procedure an applicant must follow when making an online application through a solicitor or probate practitioner, in place of the previous requirement that the applicant must follow instructions given by the registry.
Rule 5 amends rule 5ZA (online procedure for personal applications) of the 1987 Rules to correct a typographical error.
Rule 6 amends the heading of rule 5A of the 1987 Rules in place of an earlier defective amendment.
Rule 2 makes consequential amendments to the definition of “online portal” in rule 2 (interpretation) of the 1987 Rules to reflect the new headings.
Rule 7 provides that applications begun under rule 4A of the 1987 Rules before the coming into force of these rules will be treated in accordance with rule 4A of the 1987 Rules as it stood immediately before the coming into force of these Rules.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2019/1057 (the official version)
Page: https://openlegislation.uk/non-contentious-probate-amendment-rules-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.