The Non-Contentious Probate (Amendment) Rules 2016

JurisdictionUK Non-devolved
CitationSI 2016/972

2016No. 972 (L. 17)

SENIOR COURTS OF ENGLAND AND WALES

The Non-Contentious Probate (Amendment) Rules 2016

Made3rdOctober2016

Laid before Parliament7thOctober2016

Coming into force1stNovember2016

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 1981( 1).

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2016, and come into force on 1st November 2016.

(2) In these Rules, a reference to a rule by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987( 2).

Amendments to the Non-Contentious Probate Rules 1987

2.—(1) In rule 5 (personal applications), after paragraph (8) insert—

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

(2) After rule 5, insert—

Alternative procedure for personal applications

5A.—(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 online 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 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’;

(c) rule 27(1) applies as if at the end there were inserted ‘or, where the application is made under rule 5A, the applicant shall confirm in accordance with instructions given by the registry that such notice has...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT