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The Non-Contentious Probate Rules 1987
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This version of this provision is prospective.
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Changes and effects yet to be applied to Article 54:
- Instrument am (exc rules 20, 22, 38, 46 and sch 1) by
- Instrument amended by
- Instrument amended by
- Instrument amended by
- Third Sch. inserted by S.I. 2020/1059 rule 3(4)
- Arrangement of Rules amended by S.I. 1998/1903 rule 2
- rule. 32(1)(a)(iii) words inserted by S.I. 2005/3504 art. 4(a)
- rule. 32(1)(ab) inserted by S.I. 2005/3504 art. 4(b)
- rule. 32(1)(ba)(bb) inserted by S.I. 2005/3504 art. 4(c)
- am (exc rule 27(1) substituted by
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Table of Contents words substituted by S.I. 2003/185 rule 4 (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be updated dynamically when its provision are revised)
- Sch. FIRST coming into force by S.I. 1987/2024 rule 1
- Sch. SECOND coming into force by S.I. 1987/2024 rule 1
- Sch.I Forms 2 4 6 amended by
- Sch. 1 Form 3 amended by S.I. 1998/1903 rule 16
- Sch.1 Form 4 amended by S.I. 1998/1903 rule 17
- Sch.1 Form 5 amended by S.I. 1998/1903 rule 18
- Sch. 1 Form 6 words inserted by S.I. 2005/2114 art. 2(6) Sch. 6 para. 2(5)
- rule 2A inserted by S.I. 2020/1059 rule 4(2)
- rule 3A inserted by S.I. 2020/1059 rule 2(1)
- rule 4(1A) inserted by S.I. 2017/1034 rule 2(1)
- rule 4(1A) words substituted by S.I. 2019/1057 rule 3
- rule 4A inserted by S.I. 2017/1034 rule 2(2)
- rule 4A omitted by S.I. 2020/1059 rule 3(3)
- rule 4A substituted by S.I. 2019/1057 rule 4
- rule 4A(2) omitted by S.I. 2018/1137 rule 3
- rule 5(9) inserted by S.I. 2016/972 rule 2(1)
- rule 5(9) substituted by S.I. 2018/1137 rule 4(5)
- rule 5(10) inserted by S.I. 2017/1034 rule 3(1)
- rule 5(10) substituted by S.I. 2018/1137 rule 4(6)
- rule 5A inserted by S.I. 2016/972 rule 2(2)
- rule 5A heading substituted by S.I. 2019/1057 rule 6
- rule 5A heading words substituted by S.I. 2018/1137 rule 6(2)
- rule 5A(2) words inserted by S.I. 2018/1137 rule 6(3)
- rule 5A(3)(b) omitted by S.I. 2018/1137 rule 6(4)
- rule 5A(4) omitted by S.I. 2018/1137 rule 6(4)
- rule 5B inserted by S.I. 2017/1034 rule 3(2)
- rule 5B omitted by S.I. 2018/1137 rule 7
- rule 5ZA inserted by S.I. 2018/1137 rule 5
- rule 5ZA(1) word substituted by S.I. 2019/1057 rule 5
- rule 8(1)(a)(b) and words substituted for words in rule 8(1) by S.I. 2018/1137 rule 8(3)
- rule 27(1A) inserted by
- rule 27(1A) rev. in pt. by S.I. 1998/1903 rule 7(1)
- rule 32(1)(b) amended by S.I. 1998/1903 rule 8(2)
- rule 32(1)(c) added by S.I. 1998/1903 rule 8(3)
- rule 32(1)(aa) added by S.I. 1998/1903 rule 8(1)
- reg. 32(1)(aa) words substituted by S.I. 2014/852 art. 3
- rule 37(2A) added by S.I. 1998/1903 rule 10
- rule 43(1)(a)-(c) and word substituted for words in rule 43(1) by S.I. 2018/1137 rule 13(2)
- rule 44(2)(b)(i)(ii) and word substituted for words in rule 44(2)(b) by S.I. 2018/1137 rule 14(2)
- rule 44(3)(a)(i)-(iii) and word substituted for words in rule 44(3)(a) by S.I. 2018/1137 rule 14(3)
- rule 44(15) added by S.I. 1998/1903 rule 11(3)
- rule 61(5)(6) inserted by S.I. 2018/1137 rule 17
- rule 62A added by S.I. 1998/1903 rule 14
- rule 65(3) inserted by S.I. 2003/185 rule 6
Prospective
Grants in respect of nuncupative wills and copies of willsE+W
54.—(1) Subject to paragraph (2) below, an application for an order admitting to proof a nuncupative will, or a will contained in a copy or reconstruction thereof where the original is not available, shall be made to a registrar.
(2) In any case where a will is not available owing to its being retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof without the order referred to in paragraph (1) above.
(3) An application under paragraph (1) above shall be supported by an affidavit setting out the grounds of the application, and by such evidence on affidavit as the applicant can adduce as to—
(a)the will’s existence after the death of the testator or, where there is no such evidence, the facts on which the applicant relies to rebut the presumption that the will has been revoked by destruction;
(b)in respect of a nuncupative will, the contents of that will; and
(c)in respect of a reconstruction of a will, the accuracy of that reconstruction.
(4) The registrar may require additional evidence in the circumstances of a particular case as to due execution of the will or as to the accuracy of the copy will, and may direct that notice be given to persons who would be prejudiced by the application.
Commencement Information
I1Rule 54 in force at 1.1.1988, see rule 1
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