The Non-Contentious Probate Rules 1987

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 2A. Witness statements

5. 3. Application of other rules

6. 3A. Overriding objective

7. 4. Application for grants through solicitors or probate practitioners

8. 4A. Online procedure for applications through solicitors or probate practitioners

9. 5. Personal applications

10. 5ZA. Online procedure for personal applications

11. 5A. Alternative online procedure for personal applications

12. 5B. Personal applications using statement of truth

13. 6. Duty of district judge or registrar on receiving application for grant

14. 7. Grants by ... registrars

15. 8. Statement of truth in support of grant

16. 9. Grant in additional name

17. 10. Exhibition of wills

18. 11. Engrossments for purposes of record

19. 12. Evidence as to due execution of will

20. 13. Execution of will of blind or illiterate testator

21. 14. Evidence as to terms, condition and date of execution of will

22. 15. Attempted revocation of will

23. 16. Affidavit or witness statement as to due execution, terms, etc., of will

24. 17. Wills proved otherwise than under section 9 of the Wills Act 1837

25. 18. Wills of persons on military service and seamen

26. 19. Evidence of foreign law

27. 20. Order of priority for grant where deceased left a will

28. 21. Grants to attesting witnesses, etc

29. 22. Order of priority for grant in case of intestacy

30. 23. Order of priority for grant in pre-1926 cases

31. 24. Right of assignee to a grant

32. 25. Joinder of administrator

33. 26. Additional personal representatives

34. 27. Grants where two or more persons entitled in same degree

35. 28. Exceptions to rules as to priority

36. 29. Grants in respect of settled land

37. 30. Grants where deceased died domiciled outside England and Wales

38. 31. Grants to attorneys

39. 32. Grants on behalf of minors

40. 33. Grants where a minor is a co-executor

41. 34. Renunciation of the right of a minor to a grant

42. 35. Grants in case of lack of mental capacity

43. 36. Grants to trust corporations and other corporate bodies

44. 37. Renunciation of probate and administration

45. 38. Notice to Crown of intended application for grant

46. 39. Resealing under Colonial Probates Acts 1892 and 1927

47. 40. Application for leave to sue on guarantee

48. 41. Amendment and revocation of grant

49. 42. Certificate of delivery of Inland Revenue affidavit

50. 43. Standing searches

51. 44. Caveats

52. 45. Probate actions

53. 46. Citations

54. 47. Citation to accept or refuse or to take a grant

55. 48. Citation to propound a will

56. 49. Address for service

57. 50. Application for order to attend for examination or for subpoena to bring in a will

58. 51. Grants to part of an estate under section 113 of the Act

59. 52. Grants of administration under discretionary powers of court, and grants ad colligenda bona

60. 53. Applications for leave to swear or give evidence as to death

61. 54. Grants in respect of nuncupative wills and copies of wills

62. 55. Application for rectification of a will

63. 56. Notice of election by surviving spouse or civil partner to redeem life interest

64. 57. Index of grant applications

65. 58. Inspection of copies of original wills and other documents

66. 59. Issue of copies of original wills and other documents

67. 60. Costs

68. 61. Power to require applications to be made by summons

69. 62. Transfer of applications

70. 62A. Exercise of a registrar’s jurisdiction by another registrar

71. 63. Power to make orders for costs

72. 64. Exercise of powers of judge during Long Vacation

73. 65. Appeals from district judges or registrars

74. 66. Service of summons

75. 67. Notices, etc.

76. 68. Application to pending proceedings

77. 69. Revocation of previous rules

78. Signature

79. 1. FIRST SCHEDULE

       FORMS

    2. SECOND SCHEDULE

       REVOCATIONS

    3. THIRD SCHEDULE

       EXCEPTIONS TO THE REQUIREMENT TO USE THE ONLINE PORTAL FOR APPLICATIONS FOR GRANTS MADE THROUGH SOLICITORS OR PROBATE PRACTITIONERS

80. Explanatory Note