The Non-Contentious Probate Rules 1987

S.I. 1987/2024 · Made 24 November 1987 · Extends to England and Wales

Contents

1. 1Citation and commencement
2. 2Interpretation
3. 2AWitness statements
4. 3Application of other rules
5. 3AOverriding objective
6. 4Application for grants through solicitors or probate practitioners
7. 4AOnline procedure for applications through solicitors or probate practitioners Repealed
8. 5Personal applications
9. 5ZAOnline procedure for personal applications
10. 5AAlternative online procedure for personal applications
11. 5BPersonal applications using statement of truth Repealed
12. 6Duty of district judge or registrar on receiving application for grant
13. 7Grants by ... registrars
14. 8Statement of truth in support of grant
15. 9Grant in additional name
16. 10Exhibition of wills
17. 11Engrossments for purposes of record
18. 12Evidence as to due execution of will
19. 13Execution of will of blind or illiterate testator
20. 14Evidence as to terms, condition and date of execution of will
21. 15Attempted revocation of will
22. 16Affidavit or witness statement as to due execution, terms, etc., of will
23. 17Wills proved otherwise than under section 9 of the Wills Act 1837
24. 18Wills of persons on military service and seamen
25. 19Evidence of foreign law
26. 20Order of priority for grant where deceased left a will
27. 21Grants to attesting witnesses, etc
28. 22Order of priority for grant in case of intestacy
29. 23Order of priority for grant in pre-1926 cases
30. 24Right of assignee to a grant
31. 25Joinder of administrator
32. 26Additional personal representatives
33. 27Grants where two or more persons entitled in same degree
34. 28Exceptions to rules as to priority
35. 29Grants in respect of settled land
36. 30Grants where deceased died domiciled outside England and Wales
37. 31Grants to attorneys
38. 32Grants on behalf of minors
39. 33Grants where a minor is a co-executor
40. 34Renunciation of the right of a minor to a grant
41. 35Grants in case of lack of mental capacity
42. 36Grants to trust corporations and other corporate bodies
43. 37Renunciation of probate and administration
44. 38Notice to Crown of intended application for grant
45. 39Resealing under Colonial Probates Acts 1892 and 1927
46. 40Application for leave to sue on guarantee
47. 41Amendment and revocation of grant
48. 42Certificate of delivery of Inland Revenue affidavit
49. 43Standing searches
50. 44Caveats
51. 45Probate actions
52. 46Citations
53. 47Citation to accept or refuse or to take a grant
54. 48Citation to propound a will
55. 49Address for service
56. 50Application for order to attend for examination or for subpoena to bring in a will
57. 51Grants to part of an estate under section 113 of the Act
58. 52Grants of administration under discretionary powers of court, and grants ad colligenda bona
59. 53Applications for leave to swear or give evidence as to death
60. 54Grants in respect of nuncupative wills and copies of wills
61. 55Application for rectification of a will
62. 56Notice of election by surviving spouse or civil partner to redeem life interest
63. 57Index of grant applications
64. 58Inspection of copies of original wills and other documents
65. 59Issue of copies of original wills and other documents
66. 60Costs
67. 61Power to require applications to be made by summons
68. 62Transfer of applications
69. 62AExercise of a registrar’s jurisdiction by another registrar
70. 63Power to make orders for costs
71. 64Exercise of powers of judge during Long Vacation
72. 65Appeals from district judges or registrars
73. 66Service of summons
74. 67Notices, etc.
75. 68Application to pending proceedings
76. 69Revocation of previous rules
77. Signature
78. Schedule FIRSTFORMS
79. Schedule SECONDREVOCATIONS
80. Schedule THIRDEXCEPTIONS TO THE REQUIREMENT TO USE THE ONLINE PORTAL FOR APPLICATIONS FOR GRANTS MADE THROUGH SOLICITORS OR PROBATE PRACTITIONERS
81. Explanatory note