2020 No. 1059
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 1981and section 2(5) of the Colonial Probates Act 1892.
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Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2020 and come into force on 2nd November 2020.
(2) In these Rules a reference to a rule by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987.
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Amendment to the Non-Contentious Probate Rules 1987: Overriding objectiveAmendment to the Non-Contentious Probate Rules 1987: Overriding objective
2.—(1) After rule 3 (Application of other rules) insert—
“Overriding objective
The overriding objective of these Rules is to enable non-contentious and common form probate business to be dealt with justly and expeditiously by the court and the registry.”.
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Amendment to the Non-Contentious Probate Rules 1987: using the online procedure for applications through solicitors or probate practitionersAmendment to the Non-Contentious Probate Rules 1987: using the online procedure for applications through solicitors or probate practitioners
3.—(1) In rule 2(1) (Interpretation), in the definition of “online portal” for “rules 4A (Online procedure for applications through solicitors or probate practitioners)” substitute “rules 4 (Applications for grants through solicitors or probate practitioners)”.
(2) For rule 4 (Application for grants through solicitors or probate practitioners) substitute—
“1. A person applying for a grant through a solicitor or probate practitioner, other than a grant listed in the Third Schedule, must apply using the online portal, unless invited to apply at a registry by that registry.
2. A person applying through a solicitor or probate practitioner for a grant listed in the Third Schedule may apply either using the online portal, in accordance with instructions given through the online portal, or at any registry.
3. An application using the online portal must be made in accordance with instructions given through the online portal, by completing and sending the online application form provided through the online portal and electronically paying the appropriate fee.
4. Where original documents are required to be sent in support of an application using the online portal, these must be sent separately to the registry in accordance with instructions given through the online portal.
5. Every solicitor and probate practitioner through whom an application for a grant is made must give the address of their place of business within England and Wales.”.
(3) Omit rule 4A (Online procedure for applications through solicitors or probate practitioners).
(4) After the Second Schedule, insert—
“THIRD SCHEDULE
EXCEPTIONS TO THE REQUIREMENT TO USE THE ONLINE PORTAL FOR APPLICATIONS FOR GRANTS MADE THROUGH SOLICITORS OR PROBATE PRACTITIONERS
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A grant of administration including a grant of administration with will annexed.
A second grant of probate in respect of the same estate.
A grant where the person entitled has been convicted of murder or manslaughter of the deceased or has otherwise forfeited the right to apply.
A grant in respect of a foreign will.
A grant accompanied by an application to prove a copy of the will.
A grant, where all those entitled are deceased, to any of their legal personal representatives.
A grant accompanied by an application for rectification or fiat copy of the will.
A grant under rule 25 (Joinder of administrator).
A grant under rule 27 (Grants where two or more persons entitled in same degree).
A grant under rule 30 (Grants where deceased died domiciled outside England and Wales), except a grant under rule 30(3)(b).
A grant under rule 31 (Grants to attorneys).
A grant under rule 36 (Grants to trust corporations and other corporate bodies).
A grant under rule 39 (Resealing under Colonial Probates Acts 1892 and 1927).
A grant under rule 52 (Grants of administration under discretionary powers of court, and grants ad colligenda bona).”.
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Amendment to the Non-Contentious Probate Rules 1987: reliance on a witness statement in the alternative to an affidavitAmendment to the Non-Contentious Probate Rules 1987: reliance on a witness statement in the alternative to an affidavit
4.—(1) In rule 2(1) (Interpretation)—
(a)
(a) in the...
