The Non-Contentious Probate (Amendment) Rules 2017

Made26th October 2017

Laid before Parliament30th October 2017

Coming into force in accordance with rule 1

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 127 of the Senior Courts Act 19811.

Citation, commencement and interpretation1

1

These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2017, and come into force 21 days after the day on which they are laid.

2

In these Rules, a reference to a rule by number alone means the rule so numbered in the Non-Contentious Probate Rules 19872.

Amendments to the Non-Contentious Probate Rules 1987: applications through solicitors or probate practitioners2

1

In rule 4 (applications for grants through solicitors or probate practitioners), after paragraph (1) insert—

1A
A person applying for a grant through a solicitor or probate practitioner may also apply for a grant at any registry under rule 4A if invited to do so by that registry.

2

After rule 4, insert—

Alternative procedure for applications through solicitors or probate practitioners4A
1
An application under this rule must be made by completing and sending an online application form in accordance with instructions given by the registry.
2
Where an application is made under this rule, rule 8 does not apply, and—
a
the application must be verified by a statement of truth in the online application form;
b
rule 10(1)(a) applies as if for “signatures of the applicant and the person before whom the oath is sworn” there were substituted “signature of the applicant or of the solicitor or probate practitioner through whom the application is made”;
c
rule 27(1) applies as if at the end there were inserted “or, where the application is made under rule 4A, the solicitor or probate practitioner through whom the application is made shall confirm in accordance with instructions given by the registry that such notice has been given”;
d
rule 36 applies as if—
i
in paragraph (1), for “such officer shall depose in the oath” there were substituted “the statement of truth must include a statement”;
ii
in paragraph (2)(b), for “it shall be deposed in the oath” there were substituted “the statement of truth must include a statement”;
iii
in paragraph (4)(c), for “nominee or attorney shall depose in the oath” there were substituted “statement of truth must include a statement”.
3
Where original documents are required by instructions given by the registry to be sent in support of the application, they must be sent separately to the registry in accordance with such instructions.

Amendments to the Non-Contentious Probate Rules 1987: personal applications3

1

In rule 5 (personal applications), after paragraph (9) insert—

10
In any case where an application is made under rule 5B (personal applications using statement of truth), this rule applies with the exceptions and modifications provided by that rule.

2

After rule 5A, insert—

Personal applications using statement of truth5B
1
A personal applicant may apply for a grant at any registry under this rule if invited to do so by that registry.
2
An application under this rule must be made by completing and sending an application form in accordance with instructions given by the registry.
3
Where an application is made under this rule, rule 5 applies with the following exceptions and modifications—
a
paragraphs (1), (7) and (8) do not apply;
b
paragraph (5) applies as if for the words “the district judge or registrar may approve” there were substituted “required by instructions given by the registry”; and
c
paragraph (6) applies as if for the words after “information” there were substituted “required by instructions given by the registry”.
4
Where an application is made under this rule, rule 8 does not apply, and—
a
the application must be verified by a statement of truth by the applicant in the application form;
b
rule 9 applies as if for “shall depose to” there were substituted “state in the application”;
c
rule 10(1)(a) applies as if for “signatures of the applicant and the person before whom the oath is sworn” there were substituted “signature of the applicant”;
d
rule 27(1) applies as if at the end there were inserted “or, where the application is made under rule 5B, the applicant shall confirm in accordance with instructions given by the registry that such notice has been given”.

James Munby, P.

I allow these Rules

David LidingtonLord ChancellorMinistry of Justice26th October 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Non-Contentious Probate Rules 1987 (S.I. 1987/2024) (“the 1987 Rules”) in two respects.

Rule 2 amends the 1987 Rules in order to enable an application for a grant of probate or administration through a solicitor or probate practitioner to be made online on invitation by the registry to which the application is to be made, allowing for an online process for such applications to be introduced on a pilot basis. There are two amendments. First, rule 4 of the 1987 Rules (which makes provision about making an application through a solicitor or probate practitioner) is amended to provide that an application may also be made at any registry under the new rule 4A (which makes provision for the process of making it, including modifications and exceptions to other rules) if the person applying for the grant is invited by that registry to apply under the new rule. Second, the new rule 4A itself is inserted immediately after rule 4.

Rule 3 amends the 1987 Rules in order to enable a personal application for a grant of probate or administration to be made, on invitation by the registry to which the application is to be made, by a process in which a statement of truth contained in the application form replaces the requirement for an oath by the applicant, allowing for such applications to be introduced on a pilot basis. There are again two amendments. First, rule 5 of the 1987 Rules (which makes provision about personal applications) is amended to provide for the modifications and exceptions to that rule made by rule 5B to apply where an application is made under rule 5B. Second, the new rule 5B itself (which makes provision that an application may also be made at any registry if the person applying for the grant is invited by that registry to apply under the new rule, and also for the modifications and exceptions to other rules where the new rule applies) is inserted immediately after rule 5A.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.