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The Non-Contentious Probate Rules 1987

Type Statutory-Instrument
Publication 1987-11-24
Last updated 2025-11-03
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (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.

Transfer of applications

62

A registrar to whom any application is made under these Rules may order the transfer of the application to another district judge or registrar having jurisdiction.

Power to make orders for costs

63

On any application dealt with by him on summons, the ... registrar shall have full power to determine by whom and to what extent the costs are to be paid.

Exercise of powers of judge during Long Vacation

64

All powers exercisable under these Rules by a judge in chambers may be exercised during the Long Vacation by a district judge.

Appeals from registrars

65
  • (1) An appeal against a decision or requirement of a district judge or registrar shall be made by summons to a judge.
  • (2) If, in the case of an appeal under the last foregoing paragraph, any person besides the appellant appeared or was represented before the registrar from whose decision or requirement the appeal is brought, the summons shall be issued within seven days thereof for hearing on the first available day and shall be served on every such person as aforesaid.
  • (3) This rule does not apply to an appeal against a decision in proceedings for the assessment of costs.

Service of summons

66
  • (1) A judge or district judge or, where the application is to be made to a district probate registrar, that registrar, may direct that a summons for the service of which no other provision is made by these Rules shall be served on such person or persons as the judge, district judge or registrar may direct.
  • (2) Where by these Rules or by any direction given under the last foregoing paragraph a summons is required to be served on any person, it shall be served not less than two clear days before the day appointed for the hearing, unless a judge or district judge or registrar at or before the hearing dispenses with service on such terms, if any, as he may think fit.

Notices, etc.

67

Unless a district judge or registrar otherwise directs or these Rules otherwise provide, any notice or other document required to be given to or served on any person may be given or served in the manner prescribed by Order 65 Rule 5 of the Rules of the Supreme Court 196514

Application to pending proceedings

68

Subject in any particular case to any direction given by a judge or district judge or registrar, these Rules shall apply to any proceedings which are pending on the date on which they come into force as well as to any proceedings commenced on or after that date.

Revocation of previous rules

69
  • (1) Subject to paragraph (2) below, the rules set out in the Second Schedule are hereby revoked.
  • (2) The rules set out in the Second Schedule shall continue to apply to such extent as may be necessary for giving effect to a direction under rule 68.

FIRST SCHEDULE — FORMS

FORM 1

certificate of delivery of inland revenue affidavit

Rule 42

FORM 2

Rule 43(1)

FORM 3

caveat

Rule 44(2)

FORM 4

warning to caveator

FORM 5

appearance to warning or citation

Rules 44(10), 46(6)

FORM 6

notice of election to redeem life interest

Rule 56

SECOND SCHEDULE — REVOCATIONS

Rules revoked References
The Non-Contentious Probate Rules 1954 S.I.1954/796
The Non-Contentious Probate (Amendment) Rules 1961 S.I.1961/72
The Non-Contentious Probate (Amendment) Rules 1962 S.I.1962/2653
The Non-Contentious Probate (Amendment) Rules 1967 S.I.1967/748
The Non-Contentious Probate (Amendment) Rules 1968 S.I.1968/1675
The Non-Contentious Probate (Amendment) Rules 1969 S.I.1969/1689
The Non-Contentious Probate (Amendment) Rules 1971 S.I.1971/1977
The Non-Contentious Probate (Amendment) Rules 1974 S.I.1974/597
The Non-Contentious Probate (Amendment) Rules 1976 S.I.1976/1362
The Non-Contentious Probate (Amendment) Rules 1982 S.I.1982/446
The Non-Contentious Probate (Amendment) Rules 1983 S.I.1983/623
The Non-Contentious Probate (Amendment) Rules 1985 S.I.1985/1232

Signed

John Arnold, P. — Dated 13th November 1987

I concur,

Mackay of Clashfern, C. — Dated 24th November 1987

Explanatory note

(This note is not part of the Rules)

This instrument brings into force new rules relating to non-contentious probate matters. They replace the existing non-contentious probate rules made in 1954 (as amended) and reflect changes in law and practice since that time.

The changes include a provision to ensure that executors not joining in an application for a grant of probate are nevertheless notified of the application: rule 27. There is also a provision for the grant of administration to a person acting as attorney under a registered enduring power of attorney: rule 35. Provision is no longer made to require a guarantee as a condition of granting letters of administration.

Footnotes

14

S.I. 1965/1776.

Editorial notes

15

Rule 1 in force at 1.1.1988, see rule 1

16

Sch. 1 in force at 1.1.1988, see rule 1

17

Sch. 2 in force at 1.1.1988, see rule 1

18

Rule 5 in force at 1.1.1988, see rule 1

19

Rule 22 in force at 1.1.1988, see rule 1

20

Rule 56 in force at 1.1.1988, see rule 1

21

Rule 2 in force at 1.1.1988, see rule 1

22

Rule 8 in force at 1.1.1988, see rule 1

23

Rule 9 in force at 1.1.1988, see rule 1

24

Rule 10 in force at 1.1.1988, see rule 1

25

Rule 27 in force at 1.1.1988, see rule 1

26

Rule 36 in force at 1.1.1988, see rule 1

27

Rule 43 in force at 1.1.1988, see rule 1

28

Rule 44 in force at 1.1.1988, see rule 1

29

Rule 45 in force at 1.1.1988, see rule 1

30

Rule 46 in force at 1.1.1988, see rule 1

31

Rule 61 in force at 1.1.1988, see rule 1

32

Rule 30 in force at 1.1.1988, see rule 1

33

Rule 31 in force at 1.1.1988, see rule 1

34

Rule 32 in force at 1.1.1988, see rule 1

35

Rule 34 in force at 1.1.1988, see rule 1

36

Rule 37 in force at 1.1.1988, see rule 1

37

Rule 38 in force at 1.1.1988, see rule 1

38

Rule 39 in force at 1.1.1988, see rule 1

39

Rule 40 in force at 1.1.1988, see rule 1

40

Rule 41 in force at 1.1.1988, see rule 1

41

Rule 47 in force at 1.1.1988, see rule 1

42

Rule 48 in force at 1.1.1988, see rule 1

43

Rule 50 in force at 1.1.1988, see rule 1

44

Rule 51 in force at 1.1.1988, see rule 1

45

Rule 55 in force at 1.1.1988, see rule 1

46

Rule 58 in force at 1.1.1988, see rule 1

47

Rule 65 in force at 1.1.1988, see rule 1

48

Rule 66 in force at 1.1.1988, see rule 1

49

Rule 67 in force at 1.1.1988, see rule 1

50

Rule 68 in force at 1.1.1988, see rule 1

51

Rule 35 in force at 1.1.1988, see rule 1

52

Rule 12 in force at 1.1.1988, see rule 1

53

Rule 25 in force at 1.1.1988, see rule 1

54

Rule 26 in force at 1.1.1988, see rule 1

55

Rule 52 in force at 1.1.1988, see rule 1

56

Rule 19 in force at 1.1.1988, see rule 1

57

Rule 53 in force at 1.1.1988, see rule 1

58

Rule 54 in force at 1.1.1988, see rule 1

59

Rule 6 in force at 1.1.1988, see rule 1

60

Rule 7 in force at 1.1.1988, see rule 1

61

Rule 11 in force at 1.1.1988, see rule 1

62

Rule 13 in force at 1.1.1988, see rule 1

63

Rule 14 in force at 1.1.1988, see rule 1

64

Rule 15 in force at 1.1.1988, see rule 1

65

Rule 17 in force at 1.1.1988, see rule 1

66

Rule 18 in force at 1.1.1988, see rule 1

67

Rule 20 in force at 1.1.1988, see rule 1

68

Rule 21 in force at 1.1.1988, see rule 1

69

Rule 23 in force at 1.1.1988, see rule 1

70

Rule 24 in force at 1.1.1988, see rule 1

71

Rule 28 in force at 1.1.1988, see rule 1

72

Rule 33 in force at 1.1.1988, see rule 1

73

Rule 42 in force at 1.1.1988, see rule 1

74

Rule 49 in force at 1.1.1988, see rule 1

75

Rule 59 in force at 1.1.1988, see rule 1

76

Rule 62 in force at 1.1.1988, see rule 1

77

Rule 63 in force at 1.1.1988, see rule 1

78

Rule 64 in force at 1.1.1988, see rule 1

79

Rule 69 in force at 1.1.1988, see rule 1

80

Sch. 1 Form 2 the words “The Principal [or ... ... ... ...District Probate] Registry” substituted for “The Principal Registry” (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 11(3)

81

Sch. 1 Form 6 the words “senior district judge” substituted for “Senior Registrar” (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(4)

82

Words in rule 2(1) omitted (14.10.1991) by virtue of The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules. 1(1), 2

95

Words in rule 7 omitted (14.10.1991) by virtue of The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(2)

101

Words in rule 12(1)-(3) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

103

Words in rule 14(1)-(4) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

118

Rule 27(1)(1A) substituted for rule 27(1) (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 8(1)

131

Words in rule 35(1)-(4) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

133

Words in rule 36(2) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(4)

134

Words in rule 36(4)(b) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(5)

148

Words in rule 44(14) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(3)

150

Words in rule 44(10) omitted (14.10.1991) by virtue of The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 12(2)

185

Words in rule 44(13) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(3), 12(3)

188

Sch. 1 Form 3 the words “or probate practitioner” inserted after the first occurrence of the word “solicitor” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 16(a)

189

Sch. 1 Form 3 the words “/probate practitioner” inserted after the second occurrence of the word “solicitor” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 16(b)

190

Sch. 1 Form 5 the words “/probate practitioner” inserted after the word “Solicitor” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 18

194

Words in rule 27(1A) omitted (14.9.1998) by virtue of The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 7(1)

204

Words in rule 44(3)(a) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 6

209

Words in rule 44(10) substituted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 11(2)

210

Words in rule 44(12) substituted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 11(2)

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