The Non-Contentious Probate Rules 1987

Prospective

Interpretation E+W

2.—(1) In these Rules, unless the context otherwise requires—

“the Act” means the Supreme Court Act 1981;

“authorised officer” means any officer of a registry who is for the time being authorised by the President to administer any oath or to take any affidavit required for any purpose connected with his duties;

“the Crown” includes the Crown in right of the Duchy of Lancaster and the Duke of Cornwall for the time being;

“grant” means a grant of probate or administration and includes, where the context so admits, the resealing of such a grant under the Colonial Probates Acts 1892 and 1927(1);

“gross value” in relation to any estate means the value of the estate without deduction for debts, incumbrances, funeral expenses or inheritance tax (or other capital tax payable out of the estate);

“oath” means the oath required by rule 8 to be sworn by every applicant for a grant;

“personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a solicitor, and “personal application” has a corresponding meaning;

“registrar” means a registrar of the Principal Registry and includes—

(a)

in relation to an application for a grant made or proposed to be made at a district probate registry, and

(b)

in rules 26, 41 and 61(2) in relation to a grant issued from a district probate registry, and

(c)

in relation to rules 46, 47 and 48,

the registrar of that district probate registry;

“registry” means the Principal Registry or a district probate registry;

“the Senior Registrar” means the Senior Registrar of the Family Division or, in his absence, the senior of the registrars in attendance at the Principal Registry;

“statutory guardian” means a surviving parent of a minor who is the guardian of the minor by virtue of section 3 of the Guardianship of Minors Act 1971(2);

“testamentary guardian” means a person appointed by deed or will to be guardian of a minor under the power conferred by section 4 of the Guardianship of Minors Act 1971(2);

“the Treasury Solicitor” means the solicitor for the affairs of Her Majesty’s Treasury and includes the solicitor for the affairs of the Duchy of Lancaster and the solicitor of the Duchy of Cornwall;

“trust corporation” means a corporation within the meaning of section 128 of the Act as extended by section 3 of the Law of Property (Amendment) Act 1926(3).

(2) A form referred to by number means the form so numbered in the First Schedule; and such forms shall be used wherever applicable, with such variation as a registrar may in any particular case direct or approve.

Commencement Information

I1 Rule 2 in force at 1.1.1988, see rule 1

(1)

1892 c. 6, 1927 c. 43.

(2)

1971 c. 3.

(3)

1926 c. 11.