The Non-Contentious Probate (Amendment) Rules 1999

Statutory Instruments

1999 No. 1015 (L. 10)

SUPREME COURT OF ENGLAND AND WALES

The Non-Contentious Probate (Amendment) Rules 1999

Made

25th March 1999

Laid before Parliament

30th March 1999

Coming into force

26th April 1999

The President of the Family Division, in exercise of the powers conferred on him by section 127 of the Supreme Court Act 1981(1), and section 2(5) of the Colonial Probates Act 1892(2), and with the concurrence of the Lord Chancellor, makes the following Rules:–

1.  These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 1999 and shall come into force on 26th April 1999.

2.  For rule 3 of the Non-Contentious Probate Rules 1987(3), substitute:–

“3.— (1) Subject to the provisions of these rules and to any enactment, the Rules of the Supreme Court 1965(4) as they were in force immediately before 26th April 1999 shall apply, with any necessary modifications to non-contentious probate matters, and any reference in these rules to those rules shall be construed accordingly.

(2) Nothing in Order 3 of the Rules of the Supreme Court shall prevent time from running in the Long Vacation.”.

Stephen Brown, P.

Dated 25th March 1999

I concur

Irvine of Lairg, C.

Dated 30th March 1999

Explanatory Note

(This note is not part of the Rules)

On 26th April 1999 the Rules of the Supreme Court 1965 will no longer have effect in general civil proceedings and will be replaced by the Civil Procedure Rules 1998 (S.I. 1998/3132 amended by S.I. 1999/1008). The Non-Contentious Probate Rules are amended so that the Rules of the Supreme Court 1965 will continue to apply to non-contentious probate matters after 26th April 1999.

(1)

1981 c. 54.

(2)

1892 c. 6; as amended by the Finance Act 1975 (c. 7) sections 52(2) and 59(5), Schedule 13, Part I.

(3)

S.I. 1987/2024; as amended by S.I. 1991/1876 and 1998/1903.

(4)

S.I. 1965/1776