The Non-Contentious Probate (Amendment) Rules 2019

• Citation: S.I. 2019/1057
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2019, and come into force on 1st October 2019.

(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

In rule 2 (interpretation), in the definition of “online portal”, for “alternative”, the first time it occurs, substitute “online”.

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

In rule 4(1A) (applications for grants through solicitors or probate practitioners), for the words from “at any registry” to the end, substitute “online under rule 4A (online procedure for applications through solicitors or probate practitioners).”.

Section 4 Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for applications through solicitors or probate practitioners

For rule 4A (alternative procedure for applications through solicitors or probate practitioners), substitute—

Online procedure for applications through solicitors or probate practitioners

(4A)

(1) An application for a grant made through a solicitor or probate practitioner may be made 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 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 5 Amendments to the Non-Contentious Probate Rules 1987: online procedure for personal applications

In rule 5ZA(1) (online procedure for personal applications), for “applications”, the first time it occurs, substitute “procedure”.

Section 6 Amendments to the Non-Contentious Probate Rules 1987: alternative procedure for personal applications

In rule 5A (alternative procedure for personal applications), for the heading, substitute “alternative online procedure for personal applications”.

Section 7 Transitional and saving provision

Where an application was begun under rule 4A before the date on which these Rules come into force, rule 4A, as it was in force immediately before that date, continues to have effect in respect of that application.