The Non-Contentious Probate (Amendment) Rules 1998

• Citation: S.I. 1998/1903
• Sections: 18

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 1998 and shall come into force on 14th September 1998.

(2) In these Rules, unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the Non-Contentious Probate Rules 1987 and a reference to any form by number alone means the form so numbered in the First Schedule to those Rules.

Section 2 Amendments to the Non-Contentious Probate Rules 1987

In the Arrangement of Rules—

(a) the words “or probate practitioners” shall be added at the end of the title of rule 4; and

(b) the words “62A. Exercise of a registrar’s jurisdiction by another registrar” shall be added after rule 62.

Section 3 Amendments to the Non-Contentious Probate Rules 1987

In paragraph (1) of rule 2—

(a) in the defintion of “personal applicant”, the words “or probate practitioner” shall be inserted after the word “solicitor”; and

(b) the following definition shall be inserted after the definition of “personal applicant”—

“ probate practitioner ” means a person to whom section 23(1) of the Solicitors Act 1974 does not apply by virtue of section 23(2) of that Act.

Section 4 Amendments to the Non-Contentious Probate Rules 1987

In rule 4—

(a) the words “or probate practitioners” shall be added at the end of the title; and

(b) in paragraphs (1) and (2), the words “or probate practitioner” shall be inserted after both occurrences of the word “solicitor”.

Section 5 Amendments to the Non-Contentious Probate Rules 1987

The following words shall be inserted at the end of paragraph (3)(a) of rule 5—

, unless a judge, district judge or registrar so permits

Section 6 Amendments to the Non-Contentious Probate Rules 1987

In rules 5(3)(b), 43(3)(a), 44(2), 44(3)(a) and 46(2) the words “or probate practitioner”shall be inserted after the word “solicitor”.

Section 7 Amendments to the Non-Contentious Probate Rules 1987

(1) In paragraph (1A) of rule 27, the words “appointed by reference to their being” and “and not by their names,” shall be omitted.

(2) For paragraph (7) of rule 27, there shall be substituted the following—

(7) The issue of a summons under this rule in a registry shall be noted forthwith in the index of pending grant applications.

Section 8 Amendments to the Non-Contentious Probate Rules 1987

(1) After paragraph (1)(a) of rule 32, the following new sub-paragraph shall be inserted—

(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 residence order under section 8 of that Act in respect of the minor in favour of that person; or

(2) At the end of paragraph (1)(b) of rule 32, the word “or” shall be inserted.

(3) After paragraph (1)(b) of rule 32, the following new sub-paragraph shall be inserted—

(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;

Section 9 Amendments to the Non-Contentious Probate Rules 1987

(1) In paragraph (4) of rule 35, for the words “two or more other persons”, there shall be substituted the words “other person”.

(2) The following words shall be inserted at the beginning of paragraph (5) of rule 35—

Unless the applicant is the person authorised in paragraph (2)(a) above,

Section 10 Amendments to the Non-Contentious Probate Rules 1987

After paragraph (2) of rule 37, there shall be inserted the following new paragraph—

(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.

Section 11 Amendments to the Non-Contentious Probate Rules 1987

(1) For paragraph (4) of rule 44, there shall be substituted the following—

(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.

(2) In paragraphs (5), (9), (10) and (12) of rule 44, for the words “registry in which the caveat index is maintained”, there shall be substituted the words “nominated registry”.

(3) After paragraph (14) of rule 44, there shall be added the following new paragraph—

(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.

Section 12 Amendments to the Non-Contentious Probate Rules 1987

In paragraph (3) of rule 55, after the word “prejudiced”, there shall be inserted the words“, or such other person who might be prejudiced,”.

Section 13 Amendments to the Non-Contentious Probate Rules 1987

For rule 57, there shall be substituted the following new rule—

Index of grant applications

(57)

(1) The senior district judge shall maintain an index of every pending application for a grant made in any registry or sub-registry.

(2) Every registry or sub-registry in which an application is made shall cause the index to be searched and shall record the result of the search.

Section 14 Amendments to the Non-Contentious Probate Rules 1987

The following new rule shall be inserted after rule 62—

Exercise of a registrar’s jurisdiction by another registrar

(62A) A registrar may hear and dispose of an application under these Rules on behalf of any other registrar by whom the application would otherwise have been heard, if that other registrar so requests or an application in that behalf is made by a party making an application under these Rules; and where the circumstances require it, the registrar shall, without the need for any such request or application, hear and dispose of the application.

Section 15 Amendments to the Non-Contentious Probate Rules 1987

In paragraph (1) of rule 66, for the second occurrence of the words “judge or district judge”, there shall be substituted “judge, district judge or registrar”.

Section 16 Amendments to the Non-Contentious Probate Rules 1987

In Form 3—

(a) the words “or probate practitioner” shall be inserted after the first occurrence of the word“solicitor”; and

(b) the words “/probate practitioner” shall be inserted after the second occurrence of the word“solicitor”.

Section 17 Amendments to the Non-Contentious Probate Rules 1987

In Form 4—

(a) the words “or probate practitioner” shall be inserted after both occurrences of the word“solicitor”;

(b) for the words “[ The Registry in which the caveat index is maintained ]”, there shall be substituted the words “[ The nominated registry as defined by rule 44(15) ]”; and

(c) for the words “[ name and address of the registry in which the caveat index is maintained ]”, there shall be substituted the words “[ name and address of the nominated registry ]”.

Section 18 Amendments to the Non-Contentious Probate Rules 1987

In Form 5, the words “/probate practitioner” shall be inserted after the word “Solicitor”.