The Non-Contentious Probate Rules 1987

Grants where two or more persons entitled in same degreeE+W

27.—[F1(1) Subject to paragraphs (1A), (2) and (3) below, where, on an application for probate, power to apply for a like grant is to be reserved to such other of the executors as have not renounced probate, notice of the application shall be given to the executor or executors to whom power is to be reserved; and, unless the district judge or registrar otherwise directs, [F2the applicant must state in the application] that such notice has been given.

(1A) Where power is to be reserved to executors who are F3... partners in a firm, F3... notice need not be given to them under paragraph (1) above if probate is applied for by another partner in that firm.]

(2) Where power is to be reserved to partners of a firm, notice for the purposes of paragraph (1) above may be given to the partners by sending it to the firm at its principal or last known place of business.

(3) A [F4district judge or] registrar may dispense with the giving of notice under paragraph (1) above if he is satisfied that the giving of such a notice is impracticable or would result in unreasonable delay or expense.

(4) A grant of administration may be made to any person entitled thereto without notice to other persons entitled in the same degree.

(5) Unless a [F5district judge or] registrar otherwise directs, administration shall be granted to a person of full age entitled thereto in preference to a guardian of a minor, and to a living person entitled thereto in preference to the personal representative of a deceased person.

(6) A dispute between persons entitled to a grant in the same degree shall be brought by summons before a [F6district judge or] registrar.

[F7(6A) In resolving a dispute between persons entitled to a grant of administration in the same degree, the district judge or registrar may apply the following order of priority, namely—

(a)the person with the support of the majority of those entitled in the same degree;

(b)of the persons entitled in the same degree, the person who first lodges an application with the registry;

(c)a neutral person agreed by the parties to the dispute;

(d)a neutral person appointed by the registry in accordance with directions.]

[F8(7) The issue of a summons under this rule in a registry shall be noted forthwith in the index of pending grant applications.]

(8) If the issue of a summons under this rule is known to the [F9district judge or] registrar, he shall not allow any grant to be sealed until such summons is finally disposed of.

[F10(9) In paragraph (6A), “a neutral person” means any person not entitled to a grant of administration in the same degree as the parties in dispute.]

Textual Amendments

F1Rule 27(1)(1A) substituted for rule 27(1) (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 8(1)

F3Words in rule 27(1A) omitted (14.9.1998) by virtue of The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 7(1)

Commencement Information

I1Rule 27 in force at 1.1.1988, see rule 1