The Non-Contentious Probate Rules 1987

• Citation: S.I. 1987/2024
• Sections: 76

Section 1 Citation and commencement

These Rules may be cited as the Non-Contentious Probate Rules 1987 and shall come into force on 1st January 1988.

Section 2 Interpretation

(1) In these Rules, unless the context otherwise requires—

“ the Act ” means the Supreme Court Act 1981;

“authorised officer” means any officer of a registry who is for the time being authorised by the President to administer any oath or to take any affidavit required for any purpose connected with his duties;

“ the Crown ” includes the Crown in right of the Duchy of Lancaster and the Duke of Cornwall for the time being;

“ district judge ” means a district judge of the Principal Registry;

“grant” means a grant of probate or administration and includes, where the context so admits, the resealing of such a grant under the Colonial Probates Acts 1892 and 1927 ;

“gross value” in relation to any estate means the value of the estate without deduction for debts, incumbrances, funeral expenses or inheritance tax (or other capital tax payable out of the estate);

“ judge ” means a judge of the High Court;

“personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a solicitor or probate practitioner , and “personal application” has a corresponding meaning;

“probate practitioner” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a probate activity (within the meaning of that Act);

“ online portal ” means the online portal established by Her Majesty’s Courts and Tribunals Service for the making of online applications under rules 4 (Applications for grants through solicitors or probate practitioners) , 5ZA (online procedure for personal applications) , 5A (alternative online procedure for personal applications) or 36 (grants to trust corporations and other corporate bodies) ;

“ registrar ” means the district probate registrar of the district probate registry–

to which an application for a grant is made or is proposed to be made,

in rules 26, 40, 41 and 61(2), from which the grant issued, and

in rules 46, 47 and 48, from which the citation has issued or is proposed to be issued;

“registry” means the Principal Registry or a district probate registry;

“ the senior district judge ” means the Senior District Judge of the Family Division or, in his absence, the senior of the district judges in attendance at the Principal Registry;

“ statement of truth ” means a statement ... confirming the truthfulness of statements made in the application and the true nature of any documents served in support of the application;

...

...

“the Treasury Solicitor” means the solicitor for the affairs of Her Majesty’s Treasury and includes the solicitor for the affairs of the Duchy of Lancaster and the solicitor of the Duchy of Cornwall;

“trust corporation” means a corporation within the meaning of section 128 of the Act as extended by section 3 of the Law of Property (Amendment) Act 1926 .

“ witness statement ” means a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

(2) A form referred to by number means the form so numbered in the First Schedule; and such forms shall be used wherever applicable, with such variation as a district judge or registrar may in any particular case direct or approve.

Section 2A Witness statements

Witness statements must be verified by a statement of truth.

Section 3 Application of other rules

(1) Subject to the provisions of these rules and to any enactment, the Rules of the Supreme Court 1965 as they were in force immediately before 26th April 1999 shall apply, with any necessary modifications to non-contentious probate matters, and any reference in these rules to those rules shall be construed accordingly.

(2) Nothing in Order 3 of the Rules of the Supreme Court shall prevent time from running in the Long Vacation.

Section 3A 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.

Section 4 Application for grants through solicitors or probate practitioners

(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 or Scotland .

Section 4A Online procedure for applications through solicitors or probate practitioners

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5 Personal applications

(1) A personal applicant may apply for a grant at any registry or sub-registry.

(2) Save as provided for by rule 39 a personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to act as his adviser.

(3) No personal application shall be proceeded with if—

(a) it becomes necessary to bring the matter before the court by action or summons , unless a judge, district judge or registrar so permits ;

(b) an application has already been made by a solicitor or probate practitioner on behalf of the applicant and has not been withdrawn; or

(c) the district judge or registrar so directs.

(4) After a will has been deposited in a registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the district judge or registrar so directs.

(5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as required by instructions given by the registry or as the district judge or registrar may approve.

(6) A personal applicant shall supply all information necessary to enable the papers leading to the grant to be prepared as required by instructions given by the registry .

(7) Unless the district judge or registrar otherwise directs, every ... affidavit required on a personal application shall be sworn or executed by all the deponents before an authorised officer.

(8) No legal advice shall be given to a personal applicant by an officer of a registry and every such officer shall be responsible only for embodying in proper form the applicant’s instructions for the grant.

(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.

(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.

Section 5A Alternative online procedure for personal applications

(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 (paying the appropriate fee electronically) 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) paragraph (6) applies as if for the words after “information” there were substituted “required by instructions given by the registry”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

Section 5B Personal applications using statement of truth

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5ZA Online procedure for personal applications

(1) Without prejudice to rule 5A (alternative online procedure 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) paragraphs (1), (7) and (8) do not apply; and

(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.

Section 6 Duty of district judge or registrar on receiving application for grant

(1) A district judge or registrar shall not allow any grant to issue until all inquiries which he may see fit to make have been answered to his satisfaction.

(2) Except with the leave of a district judge or registrar, no grant of probate or of administration with the will annexed shall issue within seven days of the death of the deceased and no grant of administration shall issue within fourteen days thereof.

Section 7 Grants by ... registrars

(1) No grant shall be made by a ... registrar—

(a) in any case in which there is contention, until the contention is disposed of; or

(b) in any case in which it appears to him that a grant ought not to be made without the directions of a judge or a district judge .

(2) In any case in which paragraph (1)(b) applies, the ... registrar shall send a statement of the matter in question to the Principal Registry for directions.

(3) A district judge may either confirm that the matter be referred to a judge and give directions accordingly or may direct the ... to proceed with the matter in accordance with such instructions as are deemed necessary, which may include a direction to take no further action in relation to the matter.

Section 8 Statement of truth in support of grant

(1) Every application for a grant other than one to which rule 39 applies shall be supported 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.

(2) Unless otherwise directed by a district judge or registrar, the applicant must state in the application where the deceased died domiciled.

(3) Where the deceased died on or after 1st January 1926, the applicant must state in the application whether or not, to the best of the applicant’s knowledge, information and belief, there was land vested in the deceased which was settled previously to his death and not by his will and which remained settled land notwithstanding his death.

(4) On an application for a grant of administration the applicant must state in the application in what manner all persons having a prior right to a grant have been cleared off and whether any minority or life interest arises under the will or intestacy.

Section 9 Grant in additional name

Where it is sought to describe the deceased in a grant by some name in addition to his true name, the applicant must state in the application the true name of the deceased and shall specify some part of the estate which was held in the other name, or give any other reason for the inclusion of the other name in the grant.

Section 10 Exhibition of wills

(1) Subject to paragraph (2) below, every will in respect of which an application for a grant is made—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) shall be exhibited to any affidavit or witness statement which may be required under these Rules as to the validity, terms, condition or date of execution of the will.

(2) The district judge or registrar may allow a facsimile copy of a will to be ... exhibited in lieu of the original document.

Section 11 Engrossments for purposes of record

(1) Where the district judge or registrar considers that in any particular case a facsimile copy of the original will would not be satisfactory for purposes of record, he may require an engrossment suitable for facsimile reproduction to be lodged.

(2) Where a will—

(a) contains alterations which are not to be admitted to proof; or

(b) has been ordered to be rectified by virtue of section 20(1) of the Administration of Justice Act 1982 ,

there shall be lodged an engrossment of the will in the form in which it is to be proved.

(3) Any engrossment lodged under this rule shall reproduce the punctuation, spacing and division into paragraphs of the will and shall follow continuously from page to page on both sides of the paper.

Section 12 Evidence as to due execution of will

(1) Subject to paragraphs (2) and (3) below, where a will contains no attestation clause or the attestation clause is insufficient, or where it appears to the district judge or registrar that there is doubt about the due execution of the will, he shall before admitting it to proof require an affidavit or a witness statement as to due execution from one or more of the attesting witnesses or, if no attesting witness is conveniently available, from any other person who was present when the will was executed; and if the district judge or registrar, after considering the evidence, is satisfied that the will was not duly executed, he shall refuse probate and mark the will accordingly.

(2) If no affidavit or witness statement can be obtained in accordance with paragraph (1) above, the district judge or registrar may accept evidence on affidavit or by a witness statement from any person he may think fit to show that the signature on the will is in the handwriting of the deceased, or of any other matter which may raise a presumption in favour of due execution of the will, and may if he thinks fit require that notice of the application be given to any person who may be prejudiced by the will.

(3) A district judge or registrar may accept a will for proof without evidence as aforesaid if he is satisfied that the distribution of the estate is not thereby affected.

Section 13 Execution of will of blind or illiterate testator

Before admitting to proof a will which appears to have been signed by a blind or illiterate testator or by another person by direction of the testator, or which for any other reason raises doubt as to the testator having had knowledge of the contents of the will at the time of its execution, the district judge or registrar shall satisfy himself that the testator had such knowledge.

Section 14 Evidence as to terms, condition and date of execution of will

(1) Subject to paragraph (2) below, where there appears in a will any obliteration, interlineation, or other alteration which is not authenticated in the manner prescribed by section 21 of the Wills Act 1837 , or by the re-execution of the will or by the execution of a codicil, the district judge or registrar shall require evidence to show whether the alteration was present at the time the will was executed and shall give directions as to the form in which the will is to be proved.

(2) The provisions of paragraph (1) above shall not apply to any alteration which appears to the district judge or registrar to be of no practical importance.

(3) If a will contains any reference to another document in such terms as to suggest that it ought to be incorporated in the will, the district judge or registrar shall require the document to be produced and may call for such evidence in regard to the incorporation of the document as he may think fit.

(4) Where there is a doubt as to the date on which a will was executed, the district judge or registrar may require such evidence as he thinks necessary to establish the date.

Section 15 Attempted revocation of will

Any appearance of attempted revocation of a will by burning, tearing, or otherwise destroying and every other circumstance leading to a presumption of revocation by the testator, shall be accounted for to the district judge’s or registrar’s satisfaction.

Section 16 Affidavit or witness statement as to due execution, terms, etc., of will

A district judge or registrar may require an affidavit or a witness statement from any person he may think fit for the purpose of satisfying himself as to any of the matters referred to in rules 13, 14 and 15, and in any such affidavit sworn or witness statement made by an attesting witness or other person present at the time of the execution of a will the deponent must depose to, or the maker of the witness statement must give evidence of, the manner in which the will was executed.

Section 17 Wills proved otherwise than under section 9 of the Wills Act 1837

(1) Rules 12 to 15 shall apply only to a will that is to be established by reference to section 9 of the Wills Act 1837 (signing and attestation of wills).

(2) A will that is to be established otherwise than as described in paragraph (1) of this rule may be so established upon the district judge or registrar being satisfied as to its terms and validity, and includes (without prejudice to the generality of the foregoing)—

(a) any will to which rule 18 applies; and

(b) any will which, by virtue of the Wills Act 1963 , is to be treated as properly executed if executed according to the internal law of the territory or state referred to in section 1 of that Act.

Section 18 Wills of persons on military service and seamen

Where the deceased died domiciled in England and Wales and it appears to the district judge or registrar that there is prima facie evidence that a will is one to which section 11 of the Wills Act 1837 applies, the will may be admitted to proof if the district judge or registrar is satisfied that it was signed by the testator or, if unsigned, that it is in the testator’s handwriting.

Section 19 Evidence of foreign law

Where evidence as to the law of any country or territory outside England and Wales is required on any application for a grant, the district judge or registrar may accept—

(a) an affidavit or a witness statement from any person whom, having regard to the particulars of his knowledge or experience given in the affidavit or in the witness statement , he regards as suitably qualified to give expert evidence of the law in question; or

(b) a certificate by, or an act before, a notary practising in the country or territory concerned.

Section 20 Order of priority for grant where deceased left a will

Where the deceased died on or after 1 January 1926 the person or persons entitled to a grant in respect of a will shall be determined in accordance with the following order of priority, namely—

(a) the executor (but subject to rule 36(4)(d) below);

(b) any residuary legatee or devisee holding in trust for any other person;

(c) any other residuary legatee or devisee (including one for life) or where the residue is not wholly disposed of by the will, any person entitled to share in the undisposed of residue (including the Treasury Solicitor when claiming bona vacantia on behalf of the Crown), provided that—

(i) unless a district judge or registrar otherwise directs, a residuary legatee or devisee whose legacy or devise is vested in interest shall be preferred to one entitled on the happening of a contingency, and

(ii) where the residue is not in terms wholly disposed of, the district judge or registrar may, if he is satisfied that the testator has nevertheless disposed of the whole or substantially the whole of the known estate, allow a grant to be made to any legatee or devisee entitled to, or to share in, the estate so disposed of, without regard to the persons entitled to share in any residue not disposed of by the will;

(d) the personal representative of any residuary legatee or devisee (but not one for life, or one holding in trust for any other person), or of any person entitled to share in any residue not disposed of by the will;

(e) any other legatee or devisee (including one for life or one holding in trust for any other person) or any creditor of the deceased, provided that, unless a district judge or registrar otherwise directs, a legatee or devisee whose legacy or devise is vested in interest shall be preferred to one entitled on the happening of a contingency;

(f) the personal representative of any other legatee or devisee (but not one for life or one holding in trust for any other person) or of any creditor of the deceased.

Section 21 Grants to attesting witnesses, etc

Where a gift to any person fails by reason of section 15 of the Wills Act 1837 , such person shall not have any right to a grant as a beneficiary named in the will, without prejudice to his right to a grant in any other capacity.

Section 22 Order of priority for grant in case of intestacy

(1) Where the deceased died on or after 1 January 1926, wholly intestate, the person or persons having a beneficial interest in the estate shall be entitled to a grant of administration in the following classes in order of priority, namely—

(a) the surviving spouse or civil partner ;

(b) the children of the deceased and the issue of any deceased child who died before the deceased;

(c) the father and mother of the deceased;

(d) brothers and sisters of the whole blood and the issue of any deceased brother or sister of the whole blood who died before the deceased;

(e) brothers and sisters of the half blood and the issue of any deceased brother or sister of the half blood who died before the deceased;

(f) grandparents;

(g) uncles and aunts of the whole blood and the issue of any deceased uncle or aunt of the whole blood who died before the deceased;

(h) uncles and aunts of the half blood and the issue of any deceased uncle or aunt of the half blood who died before the deceased.

(2) In default of any person having a beneficial interest in the estate, the Treasury Solicitor shall be entitled to a grant if he claims bona vacantia on behalf of the Crown.

(3) If all persons entitled to a grant under the foregoing provisions of this rule have been cleared off, a grant may be made to a creditor of the deceased or to any person who, notwithstanding that he has no immediate beneficial interest in the estate, may have a beneficial interest in the event of an accretion thereto.

(4) Subject to paragraph (5) of rule 27, the personal representative of a person in any of the classes mentioned in paragraph (1) of this rule or the personal representative of a creditor of the deceased shall have the same right to a grant as the person whom he represents provided that the persons mentioned in sub-paragraphs (b) to (h) of paragraph (1) above shall be preferred to the personal representative of a spouse or a civil partner who has died without taking a beneficial interest in the whole estate of the deceased as ascertained at the time of the application for the grant.

Section 23 Order of priority for grant in pre-1926 cases

Where the deceased died before 1st January 1926, the person or persons entitled to a grant shall, subject to the provisions of any enactment, be determined in accordance with the principles and rules under which the court would have acted at the date of death.

Section 24 Right of assignee to a grant

(1) Where all the persons entitled to the estate of the deceased (whether under a will or on intestacy) have assigned their whole interest in the estate to one or more persons, the assignee or assignees shall replace, in the order of priority for a grant of administration, the assignor or, if there are two or more assignors, the assignor with the highest priority.

(2) Where there are two or more assignees, administration may be granted with the consent of the others to any one or more (not exceeding four) of them.

(3) In any case where administration is applied for by an assignee the original instrument of assignment shall be produced and a copy of the same lodged in the registry.

Section 25 Joinder of administrator

(1) A person entitled in priority to a grant of administration may, without leave, apply for a grant with a person entitled in a lower degree, provided that there is no other person entitled in a higher degree to the person to be joined, unless every other such person has renounced.

(2) Subject to paragraph (3) below, an application for leave to join with a person entitled in priority to a grant of administration a person having no right or no immediate right thereto shall be made to a district judge or registrar, and shall be supported by an affidavit or a witness statement by the person entitled in priority, the consent of the person proposed to be joined as administrator and such other evidence as the district judge or registrar may direct.

(3) Unless a district judge or registrar otherwise directs, there may without any such application be joined with a person entitled in priority to administration—

(a) any person who is nominated under paragraph (3) of rule 32 or paragraph (3) of rule 35;

(b) a trust corporation.

Section 26 Additional personal representatives

(1) An application under section 114(4) of the Act to add a personal representative shall be made to a district judge or registrar and shall be supported by an affidavit or a witness statement by the applicant, the consent of the person proposed to be added as personal representative and such other evidence as the district judge or registrar may require.

(2) On any such application the district judge or registrar may direct that a note shall be made on the original grant of the addition of a further personal representative, or he may impound or revoke the grant or make such other order as the circumstances of the case may require.

Section 27 Grants where two or more persons entitled in same degree

(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, the applicant must state in the application that such notice has been given.

(1A) Where power is to be reserved to executors who are ... partners in a firm, ... 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 district 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 district 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 district judge or registrar.

(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.

(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 district judge or registrar, he shall not allow any grant to be sealed until such summons is finally disposed of.

(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.

Section 28 Exceptions to rules as to priority

(1) Any person to whom a grant may or is required to be made under any enactment shall not be prevented from obtaining such a grant notwithstanding the operation of rules 20, 22, 25 or 27.

(2) Where the deceased died domiciled outside England and Wales rules 20, 22, 25 or 27 shall not apply except in a case to which paragraph (3) of rule 30 applies.

Section 29 Grants in respect of settled land

(1) In this rule “ settled land ” means land vested in the deceased which was settled prior to his death and not by his will, and which remained settled land notwithstanding his death.

(2) The person or persons entitled to a grant of administration limited to settled land shall be determined in accordance with the following order of priority:

(i) the special executors in regard to settled land constituted by section 22 of the Administration of Estates Act 1925;

(ii) the trustees of the settlement at the time of the application for the grant; and

(iii) the personal representatives of the deceased.

(3) Where there is settled land and a grant is made in respect of the free estate only, the grant shall expressly exclude the settled land.

Section 30 Grants where deceased died domiciled outside England and Wales

(1) Subject to paragraph (3) below, where the deceased died domiciled outside England and Wales, a district judge or registrar may order that a grant, limited in such way as the district judge or registrar may direct, do issue to any of the following persons—

(a) to the person entrusted with the administration of the estate by the court having jurisdiction at the place where the deceased died domiciled; or

(b) where there is no person so entrusted, to the person beneficially entitled to the estate by the law of the place where the deceased died domiciled or, if there is more than one person so entitled, to such of them as the district judge or registrar may direct; or

(c) if in the opinion of the registrar the circumstances so require, to such person as the district judge or registrar may direct.

(2) A grant made under paragraph (1)(a) or (b) above may be issued jointly with such person as the district judge or registrar may direct if the grant is required to be made to not less than two administrators.

(3) Without any order made under paragraph (1) above—

(a) probate of any will which is admissible to proof may be granted—

(i) if the will is in the English or Welsh language, to the executor named therein; or

(ii) if the will describes the duties of a named person in terms sufficient to constitute him executor according to the tenor of the will, to that person; and

(b) where the whole or substantially the whole of the estate in England and Wales consists of immovable property, a grant in respect of the whole estate may be made in accordance with the law which would have been applicable if the deceased had died domiciled in England and Wales.

Section 31 Grants to attorneys

(1) Subject to paragraphs (2) and (3) below, the lawfully constituted attorney of a person entitled to a grant may apply for administration for the use and benefit of the donor, and such grant shall be limited until further representation be granted, or in such other way as the district judge or registrar may direct.

(2) Where the donor referred to in paragraph (1) above is an executor, notice of the application shall be given to any other executor unless such notice is dispensed with by the district judge or registrar.

(3) Where the donor referred to in paragraph (1) above lacks capacity within the meaning of the Mental Capacity Act 2005 (c.9) and the attorney is acting under an enduring power of attorney or lasting power of attorney, the application shall be made in accordance with rule 35.

Section 32 Grants on behalf of minors

(1) Where a person to whom a grant would otherwise be made is a minor, administration for his use and benefit, limited until he attains the age of eighteen years, shall, unless otherwise directed, and subject to paragraph (2) of this rule, be granted to

(a) a parent of the minor who has, or is deemed to have, parental responsibility for him in accordance with–

(i) section 2(1), 2(1A), 2(2), 2(2A), 4 or 4ZA of the Children Act 1989,

(ii) paragraph 4 or 6 of Schedule 14 to that Act, or

(iii) an adoption order within the meaning of section 12(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002 , or

(aa) a person who has, or is deemed to have, parental responsibility for the minor by virtue of section 12(2) of the Children Act 1989 where the court has made a child arrangements order under section 8 of that Act which names that person as a person with whom the minor is to live ; or

(ab) a step-parent of the minor who has parental responsibility for him in accordance with section 4A of the Children Act 1989; or

(b) a guardian of the minor who is appointed, or deemed to have been appointed, in accordance with section 5 of the Children Act 1989 or in accordance with paragraph 12, 13 or 14 of Schedule 14 to that Act ; or

(ba) a special guardian of the minor who is appointed in accordance with section 14A of the Children Act 1989; or

(bb) an adoption agency which has parental responsibility for the minor by virtue of section 25(2) of the Adoption and Children Act 2002; or

(c) a local authority which has, or is deemed to have, parental responsibility for the minor by virtue of section 33(3) of the Children Act 1989 where the court has made a care order under section 31(1)(a) of that Act in respect of the minor and that local authority is designated in that order;

provided that where the minor is sole executor and has no interest in the residuary estate of the deceased, administration for the use and benefit of the minor limited as aforesaid, shall, unless a district judge or registrar otherwise directs, be granted to the person entitled to the residuary estate.

(2) A district judge or registrar may by order appoint a person to obtain administration for the use and benefit of the minor, limited as aforesaid, in default of, or jointly with, or to the exclusion of, any person mentioned in paragraph (1) of this rule; and the person intended shall file an affidavit or a witness statement in support of his application to be appointed.

(3) Where there is only one person competent and willing to take a grant under the foregoing provisions of this rule, such person may, unless a district judge or registrar otherwise directs, nominate any fit and proper person to act jointly with him in taking the grant.

Section 33 Grants where a minor is a co-executor

(1) Where a minor is appointed executor jointly with one or more other executors, probate may be granted to the executor or executors not under disability with power reserved to the minor executor, and the minor executor shall be entitled to apply for probate on attaining the age of eighteen years.

(2) Administration for the use and benefit of a minor executor until he attains the age of eighteen years may be granted under rule 32 if, and only if, the executors who are not under disability renounce or, on being cited to accept or refuse a grant, fail to make an effective application therefor.

Section 34 Renunciation of the right of a minor to a grant

(1) The right of a minor executor to probate on attaining the age of eighteen years may not be renounced by any person on his behalf.

(2) The right of a minor to administration may be renounced only by a person appointed under paragraph (2) of rule 32, and authorised by the district judge or registrar to renounce on behalf of the minor.

Section 35 Grants in case of lack of mental capacity

(1) Unless a district judge or registrar otherwise directs, no grant shall be made under this rule unless all persons entitled in the same degree as the person who lacks capacity within the meaning of the Mental Capacity Act 2005 referred to in paragraph (2) below have been cleared off.

(2) Where a district judge or registrar is satisfied that a person entitled to a grant lacks capacity within the meaning of the Mental Capacity Act 2005 to manage his affairs, administration for his use and benefit, limited until further representation be granted or in such other way as the district judge or registrar may direct, may be granted in the following order of priority—

(a) to the person authorised by the Court of Protection to apply for a grant;

(b) where there is no person so authorised, to the lawful attorney of the person who lacks capacity within the meaning of the Mental Capacity Act 2005 acting under a registered enduring power of attorney or lasting power of attorney ;

(c) where there is no such attorney entitled to act, or if the attorney shall renounce administration for the use and benefit of the person who lacks capacity within the meaning of the Mental Capacity Act 2005 , to the person entitled to the residuary estate of the deceased.

(3) Where a grant is required to be made to not less than two administrators, and there is only one person competent and willing to take a grant under the foregoing provisions of this rule, administration may, unless a district judge or registrar otherwise directs, be granted to such person jointly with any other person nominated by him.

(4) Notwithstanding the foregoing provisions of this rule, administration for the use and benefit of the person who lacks capacity within the meaning of the Mental Capacity Act 2005 may be granted to such other person as the district judge or registrar may by order direct.

(5) Unless the applicant is the person authorised in paragraph (2)(a) above, notice of an intended application under this rule shall be given to the Court of Protection.

Section 36 Grants to trust corporations and other corporate bodies

(A1) An application for a grant to a trust corporation must be made using the online portal.

(A2) An application made under paragraph (A1) must be made by completing and sending the online application form provided through the online portal and electronically paying the appropriate fee.

(A3) Where original documents are required to be sent in support of an application made under paragraph (A1), these must be sent separately to the registry in accordance with instructions given by the registry.

(1) An application for a grant to a trust corporation shall be made through one of its officers, and such officer must state in the application that the corporation is a trust corporation as defined by these Rules and that it has power to accept a grant.

(2)

(a) Where the trust corporation is the holder of an official position, any officer whose name is included on a list filed with the senior district judge of persons authorised to make ... witness statements and sign documents on behalf of the office holder may act as the officer through whom the holder of that official position applies for the grant.

(b) In all other cases a certified copy of the resolution of the trust corporation authorising the officer to make the application shall be filed , or the application must include a statement that such certified copy has been filed with the senior district judge , that the officer is therein identified by the position he holds, and that such resolution is still in force.

(3) A trust corporation may apply for administration otherwise than as a beneficiary or the attorney of some person, and on any such application there shall be filed the consents of all persons entitled to a grant and of all persons interested in the residuary estate of the deceased save that the district judge or registrar may dispense with any such consents as aforesaid on such terms, if any, as he may think fit.

(4)

(a) Subject to sub-paragraph (d) below, where a corporate body would, if an individual, be entitled to a grant but is not a trust corporation as defined by these Rules, administration for its use and benefit, limited until further representation be granted, may be made to its nominee or to its lawfully constituted attorney.

(b) A copy of the resolution appointing the nominee or the power of attorney (whichever is appropriate) shall be lodged, and such resolution or power of attorney shall be sealed by the corporate body, or be otherwise authenticated to the district judge’s or registrar’s satisfaction.

(c) The nominee or attorney must state in the application that the corporate body is not a trust corporation as defined by these Rules.

(d) The provisions of paragraph (4)(a) above shall not apply where a corporate body is appointed executor jointly with an individual unless the right of the individual has been cleared off.

Section 37 Renunciation of probate and administration

(1) Renunciation of probate by an executor shall not operate as renunciation of any right which he may have to a grant of administration in some other capacity unless he expressly renounces such right.

(2) Unless a district judge or registrar otherwise directs, no person who has renounced administration in one capacity may obtain a grant thereof in some other capacity.

(2A) Renunciation of probate or administration by members of a partnership—

(a) may be effected, or

(b) subject to paragraph (3) below, may be retracted by any two of them with the authority of the others and any such renunciation or retraction shall recite such authority.

(3) A renunciation of probate or administration may be retracted at any time with the leave of a district judge or registrar; provided that only in exceptional circumstances may leave be given to an executor to retract a renunciation of probate after a grant has been made to some other person entitled in a lower degree.

(4) A direction or order giving leave under this rule may be made either by the registrar of a district probate registry where the renunciation is filed or by a district judge .

Section 38 Notice to Crown of intended application for grant

In any case in which it appears that the Crown is or may be beneficially interested in the estate of a deceased person, notice of intended application for a grant shall be given by the applicant to the Treasury Solicitor, and the district judge or registrar may direct that no grant shall issue within 28 days after the notice has been given.

Section 39 Resealing under Colonial Probates Acts 1892 and 1927

(1) An application under the Colonial Probates Acts 1892 and 1927 for the resealing of probate or administration granted by the court of a country to which those Acts apply may be made by the person to whom the grant was made or by any person authorised in writing to apply on his behalf.

(2) On any such application an Inland Revenue affidavit or account shall be lodged.

(3) Except by leave of a district judge or registrar, no grant shall be resealed unless it was made to such a person as is mentioned in sub-paragraph (a) or (b) of paragraph (1) of rule 30 or to a person to whom a grant could be made under sub-paragraph (a) of paragraph (3) of that rule.

(4) No limited or temporary grant shall be resealed except by leave of a district judge or registrar.

(5) Every grant lodged for resealing shall include a copy of any will to which the grant relates or shall be accompanied by a copy thereof certified as correct by or under the authority of the court by which the grant was made, and where the copy of the grant required to be deposited under subsection (1) of section 2 of the Colonial Probates Act 1892 does not include a copy of the will, a copy thereof shall be deposited in the registry before the grant is resealed.

(6) The district judge or registrar shall send notice of the resealing to the court which made the grant.

(7) Where notice is received in the Principal Registry of the resealing of a grant issued in England and Wales, notice of any amendment or revocation of the grant shall be sent to the court by which it was resealed.

Section 40 Application for leave to sue on guarantee

An application for leave under section 120(3) of the Act or under section 11(5) of the Administration of Estates Act 1971 to sue a surety on a guarantee given for the purposes of either of those sections shall, unless the district judge or registrar otherwise directs under rule 61, be made by summons to a district judge or registrar and notice of the application shall be served on the administrator, the surety and any co-surety.

Section 41 Amendment and revocation of grant

(1) Subject to paragraphs (2) and (3) below, if a district judge or registrar is satisfied that a grant should be amended or revoked he may make an order accordingly.

(2) Except on the application or with the consent of the person to whom the grant was made, the power conferred in paragraph (1) above shall be exercised only in exceptional circumstances.

(3) Where, by reason of official error or delay, a grant has been issued (save for a grant under rule 52(b)) despite the entry or receipt in the registry of a caveat at the time of issue, a district judge or registrar must make an order revoking that grant.

Section 42 Certificate of delivery of Inland Revenue affidavit

Where the deceased died before 13th March 1975 the certificate of delivery of an Inland Revenue affidavit required by section 30 of the Customs and Inland Revenue Act 1881 to be borne by every grant shall be in Form 1.

Section 43 Standing searches

(1) Any person who wishes to be notified of the issue of a grant may enter a standing search for the grant by—

(a) lodging at any registry or sub-registry;

(b) sending by post to any registry or sub-registry; or

(c) sending by electronic means (paying the appropriate fee electronically) to any registry or sub-registry using an address provided for the purpose,

a notice in Form 2.

(2) A person who has entered a standing search will be sent an office copy of any grant which corresponds with the particulars given on the completed Form 2 and which—

(a) issued not more than twelve months before the entry of the standing search; or

(b) issues within a period of six months after the entry of the standing search.

(3)

(a) Where an applicant wishes to extend the said period of six months, he or his solicitor or probate practitioner may lodge at, or send by post or by electronic means (paying the appropriate fee electronically) using an address provided for the purpose, to, the registry or sub-registry at which the standing search was entered written application for extension.

(b) An application for extension as aforesaid must be lodged, or received by post or electronic means , within the last month of the said period of six months, and the standing search shall thereupon be effective for an additional period of six months from the date on which it was due to expire.

(c) A standing search which has been extended as above may be further extended by the filing of a further application for extension subject to the same conditions as set out in sub-paragraph (b) above.

Section 44 Caveats

(1) Any person who wishes to show cause against the sealing of a grant may enter a caveat in any registry or sub-registry, and the district judge or registrar shall not allow any grant to be sealed (other than a grant ad colligenda bona or a grant under section 117 of the Act) if he has knowledge of an effective caveat; provided that no caveat shall prevent the sealing of a grant on the day on which the caveat is entered.

(2) Any person wishing to enter a caveat (in these Rules called “the caveator”), or a solicitor or probate practitioner on his behalf, may effect entry of a caveat—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) by—

(i) sending by post at the caveator’s own risk; or

(ii) sending by electronic means at the caveator’s own risk (paying the appropriate fee electronically) using an address provided for the purpose,

a notice in Form 3 to any registry or sub-registry and the proper officer shall provide an acknowledgement of the entry of the caveat.

(3)

(a) Except as otherwise provided by this rule or by rules 45 or 46, a caveat shall be effective for a period of six months from the date of entry thereof, and where a caveator wishes to extend the said period of six months, he or his solicitor or probate practitioner may—

(i) lodge at;

(ii) send by post to; or

(ii) send by electronic means (paying the appropriate fee electronically) using an address provided for the purpose, to

the registry or sub-registry at which the caveat was entered a written application for extension.

(b) An application for extension as aforesaid must be lodged, or received by post or by electronic means , within the last month of the said period of six months, and the caveat shall thereupon (save as otherwise provided by this rule) be effective for an additional period of six months from the date on which it was due to expire.

(c) A caveat which has been extended as above may be further extended by the filing of a further application for extension subject to the same conditions as set out in sub-paragraph (b) above.

(4) An index of caveats entered in any registry or sub-registry shall be maintained and upon receipt of an application for a grant, the registry or sub-registry at which the application is made shall cause a search of the index to be made and the appropriate district judge or registrar shall be notified of the entry of a caveat against the sealing of a grant for which the application has been made.

(5) Any person claiming to have an interest in the estate may cause to be issued from the nominated registry a warning in Form 4 against the caveat, and the person warning shall state his interest in the estate of the deceased and shall require the caveator to give particulars of any contrary interest in the estate; and the warning or a copy thereof shall be served on the caveator forthwith.

(6) A caveator who has no interest contrary to that of the person warning, but who wishes to show cause against the sealing of a grant to that person, may within 14 days of service of the warning upon him (inclusive of the day of such service), or at any time thereafter if no affidavit or witness statement has been filed under paragraph (12) below, issue and serve a summons for directions which must be accompanied by a statement in support of the directions sought .

(6A) In disposing of any summons for directions under paragraph (6), where two or more persons are entitled to a grant of administration in the same degree, the district judge or registrar may apply the order of priority set out in rule 27(6A).

(7) On the disposal of any summons for directions under paragraph (6) , whether by hearing or otherwise, the district judge or registrar may give a direction for the caveat to cease to have effect.

(8) Any caveat in force when a summons for directions is issued shall remain in force until the summons has been disposed of unless a direction has been given under paragraph (7) above or until it is withdrawn under paragraph (11) below .

(9) The issue of a summons under this rule shall be notified forthwith to the nominated registry .

(10) A caveator having an interest contrary to that of the person warning may within 14 days of service of the warning upon him (inclusive of the day of such service) or at any time thereafter if no affidavit or witness statement has been filed under paragraph (12) below, enter an appearance in the nominated registry by filing Form 5 ...; and he shall serve forthwith on the person warning a copy of Form 5 sealed with the seal of the court.

(11) A caveator who has not entered an appearance to a warning may at any time withdraw his caveat by giving notice at the registry or sub-registry at which it was entered, and the caveat shall thereupon cease to have effect; and, where the caveat has been so withdrawn, the caveator shall forthwith give notice of withdrawal to the person warning.

(12) If no appearance has been entered by the caveator or no summons has been issued by him under paragraph (6) of this rule, the person warning may at any time after 14 days of service of the warning upon the caveator (inclusive of the day of such service) file an affidavit or a witness statement in the nominated registry as to such service and the caveat shall thereupon cease to have effect provided that there is no pending summons under paragraph (6) of this rule.

(13) Unless a district judge ... a registrar by order made on summons otherwise directs, any caveat in respect of which an appearance to a warning has been entered shall remain in force until the commencement of a probate action.

(14) Except with the leave of a district judge or registrar , no further caveat may be entered by or on behalf of any caveator whose caveat is either in force or has ceased to have effect under paragraphs (7) or (12) of this rule or under rule 45(4) or rule 46(3).

(15) In this rule, “ nominated registry ” means the registry nominated for the purpose of this rule by the senior district judge or in the absence of any such nomination the Leeds District Probate Registry.