The Non-Contentious Probate (Amendment) Rules 2018

• Citation: S.I. 2018/1137
• Sections: 17

Section 1 Citation, commencement and interpretation

(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 1987 .

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

(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;

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

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

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

(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—

(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—

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

After rule 5 (personal applications), insert—

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

(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).

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

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

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

(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 statement of truth; and

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”.

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

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

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

(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”.

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

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

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

(1) Rule 36 (grants to trust corporations and other corporate bodies) is amended as follows.

(2) In paragraphs (1) and 4(c), for “shall depose in the oath” substitute “must state in the application”.

(3) In paragraph 2(b), for “it shall be deposed in the oath” substitute “the application must include a statement”.

Section 13 Amendments to the Non-Contentious Probate Rules 1987: standing searches

(1) Rule 43 (standing searches) is amended as follows.

(2) In paragraph (1), for “by lodging at, or sending by post to any registry or sub-registry” substitute

by——

lodging at any registry or sub-registry;

sending by post to any registry or sub-registry; or

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

(3) In paragraph (3)(a), after “or sending by post” insert “or by electronic means (paying the appropriate fee electronically) using an address provided for the purpose,”.

(4) In paragraph (3)(b), after “by post” insert “or electronic means”.

Section 14 Amendments to the Non-Contentious Probate Rules 1987: caveats

(1) Rule 44 (caveats) is amended as follows.

(2) In paragraph (2)(b), for “by sending by post at his own risk” substitute—

by—

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

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

(3) In paragraph (3)(a), for “may lodge at, or send by post to” substitute—

may—

lodge at;

send by post to; or

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

(4) In paragraph (3)(b), after “post” insert “or by electronic means”.

(5) In paragraphs (6), (10) and (12), for “eight” substitute “14”.

(6) In paragraph (13), omit “, or, where application to discontinue a caveat is made by consent,”.

(7) In paragraph (14), after “district judge” insert “or registrar”.

Section 15 Amendment to the Non-Contentious Probate Rules 1987: probate actions

In rule 45(3) (probate actions), after “district judge” insert “or registrar”.

Section 16 Amendment to the Non-Contentious Probate Rules 1987: citations

In rule 46(3) (citations), after “district judge” insert “or registrar”.

Section 17 Amendment to the Non-Contentious Probate Rules 1987: applications made by summons

In rule 61 (applications made by summons), after paragraph (4) insert—

(5) Where an application is required under this rule to be made by summons, a district judge or registrar may—

(a) give directions (which may be given before listing the application);

(b) hold a hearing of the application, and receive evidence, by telephone or by using any other method of direct oral communication.

(6) A direction under paragraph (5) may be made subject to conditions, and may specify the consequences of failure to comply with the direction or a condition.