Explanatory note

These Rules make amendments to the Non-Contentious Probate Rules 1987 (S.I. 1987/2024) (“the 1987 Rules”).

Rule 3 amends the definition of “online portal” in rule 2 of the 1987 Rules to include a reference to applications made under rule 36 of the 1987 Rules.

Rule 4 amends rule 4 of the 1987 Rules to enable a solicitor or probate practitioner based in Scotland, who is entitled to carry out probate activities in England and Wales, to provide an address of their place of business in Scotland when making applications for a grant on behalf of a client. Rule 9 makes a similar amendment to rule 49 of the 1987 Rules in relation to the provision of an address for service.

Rule 5 amends rule 27 of the 1987 Rules by introducing an order of priority that a district judge or registrar can choose to apply to a dispute between two or more people that are equally entitled to apply for a grant of administration. Rule 6 amends rule 36 of the 1987 Rules to require all applications for a grant to trust corporations to be made using the online portal. Rule 7 amends rule 41 of the 1987 Rules to require a district judge or registrar to revoke a grant issued in error, where a caveat had been entered at the time of the grant being issued.

Rule 8 amends rule 44 of the 1987 Rules to remove the ability to enter a caveat in person at a registry and to require a caveator wishing to issue and serve a summons for directions to also provide a statement in support of the directions they are seeking. It also amends rule 44, to enable a district judge or registrar to apply the new order of priority inserted into rule 27 when disposing of a summons for directions in cases where two or more people are equally entitled to apply for a grant of administration.

Rule 10 replaces Form 4, in the First Schedule to the 1987 Rules, and rule 11 amends the Third Schedule to the 1987 Rules to remove certain exceptions to the requirement that applications made by solicitors and probate practitioners are made through the online portal.

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.