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The Non-Contentious Probate Rules 1987

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Application of other rules

  5. 4.Applications for grants through solicitors

  6. 5.Personal applications

  7. 6.Duty of registrar on receiving application for grant

  8. 7.Grants by district probate registrars

  9. 8.Oath in support of grant

  10. 9.Grant in additional name

  11. 10.Marking of wills

  12. 11.Engrossments for purposes of record

  13. 12.Evidence as to due execution of will

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

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

  16. 15.Attempted revocation of will

  17. 16.Affidavit as to due execution, terms, etc., of will

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

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

  20. 19.Evidence of foreign law

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

  22. 21.Grants to attesting witnesses, etc.

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

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

  25. 24.Right of assignee to a grant

  26. 25.Joinder of administrator

  27. 26.Additional personal representatives

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

  29. 28.Exceptions to rules as to priority

  30. 29.Grants in respect of settled land

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

  32. 31.Grants to attorneys

  33. 32.Grants on behalf of minors

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

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

  36. 35.Grants in case of mental incapacity

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

  38. 37.Renunciation of probate and administration

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

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

  41. 40.Application for leave to sue on guarantee

  42. 41.Amendment and revocation of grant

  43. 42.Certificate of delivery of Inland Revenue affidavit

  44. 43.Standing searches

  45. 44.Caveats

  46. 45.Probate actions

  47. 46.Citations

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

  49. 48.Citation to propound a will

  50. 49.Address for service

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

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

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

  54. 53.Applications for leave to swear to death

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

  56. 55.Application for rectification of a will

  57. 56.Notice of election by surviving spouse to redeem life interest

  58. 57.Index of grant applications

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

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

  61. 60.Taxation of costs

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

  63. 62.Transfer of applications

  64. 63.Power to make orders for costs

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

  66. 65.Appeals from registrars

  67. 66.Service of summons

  68. 67.Notices, etc.

  69. 68.Application to pending proceedings

  70. 69.Revocation of previous rules

  71. Signature

  72. SCHEDULES

    1. First Schedule

      — Forms

    2. Second Schedule

      — Revocations

  73. Explanatory Note

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