The Non-Contentious Probate (Amendment) Rules 2025

• Citation: S.I. 2025/1004
• Sections: 11

Section 1 Citation, commencement and extent

(1) These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2025 and come into force on 3rd November 2025.

(2) These Rules extend to England and Wales.

Section 2 Amendment of the Non-Contentious Probate Rules 1987

The Non-Contentious Probate Rules 1987 are amended in accordance with the following rules.

Section 3 Amendment to rule 2 (interpretation)

In rule 2 , in the definition of “online portal” , for the words from “or 5A” to the end, substitute “, 5A (alternative online procedure for personal applications) or 36 (grants to trust corporations and other corporate bodies)” .

Section 4 Amendment to rule 4 (application for grants through solicitors or probate practitioners)

In rule 4 , in paragraph (5), after “Wales” insert “or Scotland” .

Section 5 Amendments to rule 27 (grants where two or more persons entitled in the same degree)

In rule 27 —

(a) after paragraph (6), insert—

(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.

(b) after paragraph (8), insert—

(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 6 Amendments to rule 36 (grants to trust corporations and other corporate bodies)

In rule 36 —

(a) before paragraph (1) insert—

(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.

(b) in paragraph (2)—

(i) in sub-paragraph (a), omit “affidavits or”;

(ii) in sub-paragraph (b), for “lodged” substitute “filed” ;

(c) in paragraph (3), for “lodged” substitute “filed” .

Section 7 Amendments to rule 41 (amendment and revocation of grant)

In rule 41 —

(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)” ;

(b) after paragraph (2) insert—

(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 8 Amendments to rule 44 (caveats)

In rule 44 —

(a) omit paragraph (2)(a) and the “or” immediately after that sub-paragraph;

(b) in paragraph (6), at the end, insert “which must be accompanied by a statement in support of the directions sought” ;

(c) after paragraph (6) insert—

(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).

(d) in paragraph (7)—

(i) for “hearing” substitute “disposal” ;

(ii) for “above” substitute “, whether by hearing or otherwise,” .

Section 9 Amendment to rule 49 (address for service)

In rule 49, after “Wales”, insert “or Scotland” .

Section 10 Amendment to the First Schedule (forms)

In the First Schedule , for Form 4 (warning to caveator) , substitute Form 4 in the Schedule to these Rules.

Section 11 Amendments to the Third Schedule (exceptions to the requirement to use the online portal for applications for grants made through solicitors or probate practitioners)

In the Third Schedule —

(a) after “rule 27” insert “(4) to (8)” ;

(b) omit “A grant under rule 36 (Grants to trust corporations and other corporate bodies).”.