Senior Courts Act 1981

127 Probate rules.E+W

(1)The President of the Family Division may, with the concurrence of the Lord Chancellor, make rules of court (in this Part referred to as “probate rules”) for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business.

(2)Without prejudice to the generality of subsection (1), probate rules may make provision for regulating the classes of persons entitled to grants of probate or administration in particular circumstances and the relative priorities of their claims thereto.

(3)Probate rules shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and the M1Statutory Instruments Act 1946 shall apply to a statutory instrument containing probate rules in like manner as if they had been made by a Minister of the Crown.

Marginal Citations