The Non-Contentious Probate (Amendment) Rules 2018

JurisdictionUK Non-devolved
CitationSI 2018/1137

2018 No. 1137 (L. 13)

Senior Courts Of England And Wales

The Non-Contentious Probate (Amendment) Rules 2018

Made 1st November 2018

Laid before Parliament 5th November 2018

Coming into force 27th November 2018

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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2018, and come into force on 27th November 2018.

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

S-2 Amendments to the Non-Contentious Probate Rules 1987: interpretation

Amendments to the Non-Contentious Probate Rules 1987: interpretation

2.—(1) Rule 2 (interpretation) is amended as follows.

(2) Omit the definition of “oath” and, in its place, insert—

““online portal” means the online portal established by Her Majesty’s Courts and Tribunals Service for the making of online applications under rules 4A (alternative procedure for applications through solicitors or probate practitioners), 5ZA (online procedure for personal applications) or 5A (alternative online procedure for personal applications);”.

(3) After the definition of “the senior district judge”, insert—

““statement of truth” means a statement made for the purposes of rule 8 (statement of truth) confirming the truthfulness of statements made in the application and the true nature of any documents served in support of the application;”.

S-3 Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for applications through solicitors or probate practitioners

Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for applications through solicitors or probate practitioners

3. In rule 4A (alternative procedure for applications through solicitors or probate practitioners), omit paragraph (2).

S-4 Amendments to the Non-Contentious Probate Rules 1987: personal applications

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

4.—(1) Rule 5 (personal applications) is amended as follows.

(2) In paragraph (5), after “as” insert “required by instructions given by the registry or as”.

(3) In paragraph (6), for “in the registry” substitute “as required by instructions given by the registry”.

(4) In paragraph (7), omit “oath or”.

(5) For paragraph (9), substitute—

S-9

“9 In any case where an application is made under rule 5ZA (online procedure for personal applications), this rule applies with the exceptions and modifications provided for by that rule.”.

(6) For paragraph (10), substitute—

S-10

“10 In any case where an application is made under rule 5A (alternative online procedure for personal applications), this rule applies with the exceptions and modifications provided for by that rule.”.

S-5 Amendments to the Non-Contentious Probate Rules 1987: online procedure for personal applications

Amendments to the Non-Contentious Probate Rules 1987: online procedure for personal applications

5. After rule 5 (personal applications), insert—

S-5ZA

Online procedure for personal applications

5ZA.—(1) Without prejudice to rule 5A (alternative online applications for personal applications), a personal applicant may make an application for a grant online using the online portal.

(2) An application under this rule must be made by completing and sending the online application form provided through the online portal and electronically paying the appropriate fee.

(3) Where an application is made under this rule, rule 5 applies with the following exceptions and modifications—

(a)

(a) paragraphs (1), (7) and (8) do not apply; and

(b)

(b) paragraphs (5) and (6) apply as if, for the words after “required by” there were substituted “the online application form”.

(4) Where original documents are required to be sent in support of the application, these must be sent separately in accordance with instructions given through the online portal.”

S-6 Amendments to the Non-Contentious Probate Rules 1987: alternative online procedure for personal applications

Amendments to the Non-Contentious Probate Rules 1987: alternative online procedure for personal applications

6.—(1) Rule 5A (online procedure for personal applications) is amended as follows.

(2) In the heading, for “Online” substitute “Alternative online”.

(3) In paragraph (2), after “form” insert “(paying the appropriate fee electronically)”.

(4) Omit paragraphs (3)(b) and (4).

S-7 Amendment to the Non-Contentious Probate Rules 1987: personal applications using statement of truth

Amendment to the Non-Contentious Probate Rules 1987: personal applications using statement of truth

7. Omit rule 5B (personal applications using statement of truth).

S-8 Amendments to the Non-Contentious Probate Rules 1987: oath in support of grant

Amendments to the Non-Contentious Probate Rules 1987: oath in support of grant

8.—(1) Rule 8 (oath in support of grant) is amended as follows.

(2) In the heading, for “Oath” substitute “Statement of truth”.

(3) In paragraph (1), for the words after “supported” substitute—

“by—

(a) a statement of truth; and

(b) such other papers,

as required by the district judge, registrar or instructions given through the online portal.”.

(4) In paragraphs (2), (3) and (4) for the words “the oath shall state”, each time they appear, substitute “the applicant must state in the application”.

S-9 Amendment to the Non-Contentious Probate Rules 1987: grant in additional name

Amendment to the Non-Contentious Probate Rules 1987: grant in additional name

9. In rule 9 (grant in additional name), for “shall depose to” substitute “must state in the application”.

S-10 Amendments to the Non-Contentious Probate Rules 1987: marking of wills

Amendments to the Non-Contentious Probate Rules 1987: marking of wills

10.—(1) Rule 10 (marking of wills) is amended as follows.

(2) For the heading, substitute “Exhibition of wills”.

(3) Omit paragraph (1)(a).

(4) In paragraph (2) omit “marked or”.

S-11 Amendments to the Non-Contentious Probate Rules 1987: grants where two or more persons entitled in same degree

Amendments to the Non-Contentious Probate Rules 1987: grants where two or more persons entitled in same degree

11. In rule 27(1), for “the oath shall state” substitute “the applicant must state in the application”.

S-12 Amendments to the Non-Contentious Probate Rules 1987: grants to trust corporations and other corporate bodies

Amendments to the Non-Contentious Probate Rules 1987: grants to trust corporations and other corporate bodies

12.—(1) Rule 36 (grants to trust...

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