The Non-Contentious Probate Rules 1987

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Application of other rules

5. 4. Application 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. 1. FIRST SCHEDULE

       FORMS

    2. SECOND SCHEDULE

       REVOCATIONS

73. Explanatory Note