The Non-Contentious Probate Rules 1987

[^key-0110b83a0a1d68fc1d6a9acd6940ac07]: Words in rule 36(4)(c) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 12(2)

[^key-142c958d66c4c4c09f296bad6dfde4d4]: Words in rule 36(2)(b) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 12(3)

[^key-2e3fa70895f02ea6fb4a7cece8a5848c]: Words in rule 43(3)(a) inserted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(3)

[^key-7ca395fb639ba9c2fe21b4678b68db6d]: Words in rule 43(3)(b) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(4)

[^key-af786592df7d85000250032423a6b3c8]: Rule 43(1)(a)-(c) and word substituted for words in rule 43(1) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(2)

[^key-93e57396c22b312eb323f0b19c447ded]: Rule 44(2)(b)(i)(ii) and word substituted for words in rule 44(2)(b) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(2)

[^key-7f737f1da5d33a7c054b9cb4ceaebc77]: Words in rule 44(3)(b) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(4)

[^key-e48bdcb1b2ff0ccfbfbbb2eab9f33eda]: Word in rule 44(6) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(5)

[^key-ad15fa666121c498654b05aedd4b096f]: Word in rule 44(10) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(5)

[^key-24c114ef5006bdd791ae3316c3bfaca3]: Word in rule 44(12) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(5)

[^key-29e4025753f1213a9d00ca74d0f739ed]: Words in rule 44(13) omitted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(6)

[^key-9b6bc7ed3cbd02d172a4c6080d1c1f2d]: Words in rule 44(14) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(7)

[^key-256f8da59363425961a1d776ba4c822e]: Rule 44(3)(a)(i)-(iii) and word substituted for words in rule 44(3)(a) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 14(3)

[^key-a4257ec99de30ca579c12a1ea66256c8]: Words in rule 45(3) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 15

[^key-48434a86d0f1005c5a41b1a1dcf34dcd]: Words in rule 46(3) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 16

[^key-4161ec405994d2fa54c0f541cd96168e]: Rule 61(5)(6) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 17

[^key-440bd71f953582ae9ff5f09bbac8aacb]: Words in rule 5A(2) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 6(3)

[^key-43f3b148e049948f1b74f5c805e922b4]: Rule 5A(3)(b) omitted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 6(4)

[^key-c444861976105dc38f98413973b2dea2]: Rule 5A(4) omitted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 6(4)

[^key-9b815e3091585285ecd72b58bb2786c1]: Rule 5A heading substituted (1.10.2019) by The Non-Contentious Probate (Amendment) Rules 2019 (S.I. 2019/1057), rules 1(1), 6

[^key-d364ed37c86b7139f054e408170fd922]: Word in rule 5ZA(1) substituted (1.10.2019) by The Non-Contentious Probate (Amendment) Rules 2019 (S.I. 2019/1057), rules 1(1), 5

[^key-c72edfc7cc1889da2bfe18fb1092ddfa]: Sch. 3 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 3(4)

[^key-6f506f605eb62a4d3b2d5bf38fa94cb2]: Rule 2A inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(2)

[^key-4d8bd677f2c230f029a3aa5035c0e782]: Rule 3A inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 2(1)

[^key-e1eb00f26c67487b3c1501c9150e02d0]: Words in rule 2(1) substituted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 3(1)

[^key-c9e69149a2fbe77ee3f109099c1a58c1]: Words in rule 2(1) omitted (2.11.2020) by virtue of The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(1)(a)

[^key-255a8fa9cd8455d2b90ca1e16b23a531]: Words in rule 2(1) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(1)(b)

[^key-b4457f0d5da5d33918dd38679c015b6a]: Rule 4 substituted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 3(2)

[^key-c341ab95110ec69b433068d6b8226842]: Rule 4A omitted (2.11.2020) by virtue of The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 3(3)

[^key-d6528210ad40438a9b46cd23edf9e737]: Words in rule 10(1)(b) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(a)

[^key-bfef0402b235be4c0e485f5eb5ba5b93]: Words in rule 12(1) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(a)

[^key-1964972bf56eee814ce02732ec0fe31b]: Words in rule 12(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(4)(a)

[^key-9738fc0acce41aa3463dc1873f50c7a4]: Words in rule 12(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(4)(b)

[^key-3b6fee18a27bb7ff43d08233a400684a]: Rule 16 substituted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(6)

[^key-b7f88b7935d0e0162413b8499712e74a]: Words in rule 19 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(7)(a)

[^key-ef123d678b7d470abc96c89805eec6d0]: Words in rule 19 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(7)(b)

[^key-fe30c18bb8ab6fd97e47a5085f119637]: Words in rule 25(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(b)

[^key-3421a6b293faada3c2e40b3af43c5c6b]: Words in rule 26(1) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(c)

[^key-f973c2f899ef5fdf8a0aef50d2e30981]: Words in rule 32(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(d)

[^key-3d74061f5d529c1800fa953cba974f5c]: Words in rule 36(2)(a) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(8)

[^key-53c9bf40da2fda5f832a6ef7efc6e5a0]: Words in rule 44(6) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(b)

[^key-380a54391b17d8dba26e50efcb34d9e3]: Words in rule 44(10) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(b)

[^key-dcf118a3ad99f48a988a3d7eb022c77d]: Words in rule 44(12) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(e)

[^key-ca35c8129afa503b3816981638dc2db3]: Words in rule 46(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(9)

[^key-67f908a7f18d8b04585923b03f3a5f07]: Words in rule 46(4) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(c)

[^key-5b78b5e0f255b83d2e544a64e327395a]: Words in rule 47(4) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(d)

[^key-e4eb1333268a4f69a1fcef0bae6597da]: Words in rule 47(6) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(f)

[^key-4cedc65880d696687f5362b8577205cf]: Words in rule 48(2)(a) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(g)

[^key-cbe1f29370070895b803aeef0191a4c2]: Words in rule 50(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(h)

[^key-6ef7d60d647b874a406b99c0420c6336]: Words in rule 51 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(i)

[^key-e5b6a29768bb4a9e7c340c025eb7e18f]: Words in rule 52 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(j)

[^key-432bed9e424a04eb2d85241e52098d8c]: Rule 53 heading substituted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(10)(a)

[^key-0ab170f214192a764ae9c268e1c8f183]: Words in rule 53 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(10)(b)

[^key-fb88449d8b35916c0500384aaad58c2e]: Words in rule 53 inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(10)(c)

[^key-6245c7fd03c84f021d95d7f3cd202193]: Words in rule 54(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(11)(a)

[^key-addc55cf0311ded29017f9b6f3678206]: Words in rule 54(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(11)(b)

[^key-69cde5a763607101a964839779d233be]: Words in rule 55(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(e)

[^key-c378a6642fef61029423e247a496d77c]: Words in rule 55(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(k)

[^key-ddf3b7080037cee9eef6abbe7138ba21]: Words in Sch. 3 inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 11(a)

[^key-291a67e3c20d62c3fa8cd560fb91692d]: Words in Sch. 3 omitted (3.11.2025) by virtue of The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 11(b)

[^key-c4662dd5fa2b2f494c46da8045788f46]: Sch. 1 Form 4 substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rule 1(1), Sch.

[^key-180026dc304e611b55e6f0d40e5ae4cf]: Words in rule 2 substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 3

[^key-15c19a828339a86ab7f9e863e110bbad]: Words in rule 4(5) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 4

[^key-036629af26dbab1b589d780521e7c737]: Rule 27(6A) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 5(a)

[^key-06e4ce156f726426c7931ba8c7b64e85]: Rule 27(9) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 5(b)

[^key-d46fcd4fe858368e7c2bdca759db2749]: Rules 36(A1)-(A3) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 6(a)

[^key-be56b278dd52bf117ec16e6f8b36fbff]: Word in rule 36(2)(b) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 6(b)(ii)

[^key-a4744e78791578bb6183cb07e92dfaf2]: Word in rule 36(3) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 6(c)

[^key-f0226330d66aefe6889408d019f9f6a9]: Words in rule 36(2)(a) omitted (3.11.2025) by virtue of The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 6(b)(i)

[^key-9fce167c0a7e708ba3e5a2500a87ac68]: Rule 41(3) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 7(b)

[^key-3e7588d03fb151943f2be419bc1f697d]: Words in rule 41(1) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 7(a)

[^key-981baf0111805ec5abc18ae38a77a3b5]: Rule 44(6A) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 8(c)

[^key-cde285cafa1d04b93e9a7c87fcbc841e]: Words in rule 44(6) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 8(b)

[^key-62b04bb4533d65e5fd461cb42630b3de]: Word in rule 44(7) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 8(d)(i)

[^key-0bded84bcdd4129727cdd519112d7d37]: Words in rule 44(7) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 8(d)(ii)

[^key-8b64e6b70cc2bde27eb332ff5a9be290]: Rule 44(2)(a) and word omitted (3.11.2025) by virtue of The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 8(a)

[^key-503c07774193232e89fdacc49486c8f9]: Words in rule 49 inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 9

Duty of district judge or registrar on receiving application for grant

Grants by ... registrars

Appeals from district judges or registrars

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.

Power to make orders for costs

Exercise of powers of judge during Long Vacation

Appeals from district judges or registrars

Service of summons

Notices, etc.

Application to pending proceedings

Revocation of previous rules

Costs

Notice of election by surviving spouse or civil partner to redeem life interest

Grants in case of lack of mental capacity

Alternative procedure for personal applications

5A

• (1) A personal applicant may apply for a grant at any registry under this rule if invited to do so by that registry.

• (2) An application under this rule must be made by completing and sending an online application form (paying the appropriate fee electronically) in accordance with instructions given by the registry.

• (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;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) paragraph (6) applies as if for the words after “information” there were substituted “required by instructions given by the registry”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where original documents are required by instructions given by the registry to be sent in support of the application, they must be sent separately to the registry in accordance with such instructions.

Duty of district judge or registrar on receiving application for grant

Grants by ... registrars

Oath in support of grant

Grant in additional name

Marking of wills

Engrossments for purposes of record

Evidence as to due execution of will

Execution of will of blind or illiterate testator

Evidence as to terms, condition and date of execution of will

Attempted revocation of will

Affidavit as to due execution, terms, etc., of will

Wills proved otherwise than under section 9 of the Wills Act 1837

Wills of persons on military service and seamen

Evidence of foreign law

Order of priority for grant where deceased left a will

Grants to attesting witnesses, etc

Order of priority for grant in case of intestacy

Order of priority for grant in pre-1926 cases

Right of assignee to a grant

Joinder of administrator

Additional personal representatives

Grants where two or more persons entitled in same degree

Exceptions to rules as to priority

Grants in respect of settled land

Grants where deceased died domiciled outside England and Wales

Grants to attorneys

Grants on behalf of minors

Grants where a minor is a co-executor

Renunciation of the right of a minor to a grant

Grants in case of lack of mental capacity

Grants to trust corporations and other corporate bodies

Renunciation of probate and administration

Notice to Crown of intended application for grant

Resealing under Colonial Probates Acts 1892 and 1927

Application for leave to sue on guarantee

Amendment and revocation of grant

Certificate of delivery of Inland Revenue affidavit

Standing searches

Caveats

Probate actions

Citations

Citation to accept or refuse or to take a grant

Citation to propound a will

Address for service

Application for order to attend for examination or for subpoena to bring in a will

Grants to part of an estate under section 113 of the Act

Grants of administration under discretionary powers of court, and grants ad colligenda bona

Applications for leave to swear to death

Grants in respect of nuncupative wills and copies of wills

Application for rectification of a will

Notice of election by surviving spouse or civil partner to redeem life interest

Index of grant applications

Inspection of copies of original wills and other documents

Issue of copies of original wills and other documents

Costs

Power to require applications to be made by summons

Transfer of applications

Exercise of a registrar’s jurisdiction by another registrar

Power to make orders for costs

Exercise of powers of judge during Long Vacation

Appeals from district judges or registrars

Service of summons

Notices, etc.

Application to pending proceedings

Revocation of previous rules

Alternative procedure for applications through solicitors or probate practitioners

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Personal applications

Alternative procedure for personal applications

Personal applications using statement of truth

5B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of district judge or registrar on receiving application for grant

Grants by ... registrars

Oath in support of grant

Grant in additional name

Marking of wills

Engrossments for purposes of record

Evidence as to due execution of will

Execution of will of blind or illiterate testator

Evidence as to terms, condition and date of execution of will

Attempted revocation of will

Affidavit as to due execution, terms, etc., of will

Wills proved otherwise than under section 9 of the Wills Act 1837

Wills of persons on military service and seamen

Evidence of foreign law

Order of priority for grant where deceased left a will

Grants to attesting witnesses, etc

Order of priority for grant in case of intestacy

Order of priority for grant in pre-1926 cases

Right of assignee to a grant

Joinder of administrator

Additional personal representatives

Grants where two or more persons entitled in same degree

Exceptions to rules as to priority

Grants in respect of settled land

Grants where deceased died domiciled outside England and Wales

Grants to attorneys

Grants on behalf of minors

Grants where a minor is a co-executor

Renunciation of the right of a minor to a grant

Grants in case of lack of mental capacity

Grants to trust corporations and other corporate bodies

Renunciation of probate and administration

Notice to Crown of intended application for grant

Resealing under Colonial Probates Acts 1892 and 1927

Application for leave to sue on guarantee

Amendment and revocation of grant

Certificate of delivery of Inland Revenue affidavit

Standing searches

Caveats

Probate actions

Citations

Citation to accept or refuse or to take a grant

Citation to propound a will

Address for service

Application for order to attend for examination or for subpoena to bring in a will

Grants to part of an estate under section 113 of the Act

Grants of administration under discretionary powers of court, and grants ad colligenda bona

Applications for leave to swear to death

Grants in respect of nuncupative wills and copies of wills

Application for rectification of a will

Notice of election by surviving spouse or civil partner to redeem life interest

Index of grant applications

Inspection of copies of original wills and other documents

Issue of copies of original wills and other documents

Costs

Power to require applications to be made by summons

Transfer of applications

Exercise of a registrar’s jurisdiction by another registrar

Power to make orders for costs

Exercise of powers of judge during Long Vacation

Appeals from district judges or registrars

Service of summons

Notices, etc.

Application to pending proceedings

Revocation of previous rules

Online procedure for personal applications

5ZA

• (1) Without prejudice to rule 5A (alternative online procedure 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.

Alternative online procedure for personal applications

Personal applications using statement of truth

Duty of district judge or registrar on receiving application for grant

Grants by ... registrars

Statement of truth in support of grant

Grant in additional name

Exhibition of wills

Engrossments for purposes of record

Evidence as to due execution of will

Execution of will of blind or illiterate testator

Evidence as to terms, condition and date of execution of will

Attempted revocation of will

Affidavit as to due execution, terms, etc., of will

Wills proved otherwise than under section 9 of the Wills Act 1837

Wills of persons on military service and seamen

Evidence of foreign law

Order of priority for grant where deceased left a will

Grants to attesting witnesses, etc

Order of priority for grant in case of intestacy

Order of priority for grant in pre-1926 cases

Right of assignee to a grant

Joinder of administrator

Additional personal representatives

Grants where two or more persons entitled in same degree

Exceptions to rules as to priority

Grants in respect of settled land

Grants where deceased died domiciled outside England and Wales

Grants to attorneys

Grants on behalf of minors

Grants where a minor is a co-executor

Renunciation of the right of a minor to a grant

Grants in case of lack of mental capacity

Grants to trust corporations and other corporate bodies

Renunciation of probate and administration

Notice to Crown of intended application for grant

Resealing under Colonial Probates Acts 1892 and 1927

Application for leave to sue on guarantee

Amendment and revocation of grant

Certificate of delivery of Inland Revenue affidavit

Standing searches

Caveats

Probate actions

Citations

Citation to accept or refuse or to take a grant

Citation to propound a will

Address for service

Application for order to attend for examination or for subpoena to bring in a will

Grants to part of an estate under section 113 of the Act

Grants of administration under discretionary powers of court, and grants ad colligenda bona

Applications for leave to swear to death

Grants in respect of nuncupative wills and copies of wills

Application for rectification of a will

Notice of election by surviving spouse or civil partner to redeem life interest

Index of grant applications

Inspection of copies of original wills and other documents

Issue of copies of original wills and other documents

Costs

Power to require applications to be made by summons

Transfer of applications

Exercise of a registrar’s jurisdiction by another registrar

Power to make orders for costs

Exercise of powers of judge during Long Vacation

Appeals from district judges or registrars

Service of summons

Notices, etc.

Application to pending proceedings

Revocation of previous rules

Online procedure for applications through solicitors or probate practitioners

Witness statements

2A

Witness statements must be verified by a statement of truth.

Application of other rules

Overriding objective

3A

The overriding objective of these Rules is to enable non-contentious and common form probate business to be dealt with justly and expeditiously by the court and the registry.

Application for grants through solicitors or probate practitioners

Online procedure for applications through solicitors or probate practitioners

Personal applications

Online procedure for personal applications

Alternative online procedure for personal applications

Personal applications using statement of truth

Duty of district judge or registrar on receiving application for grant

Grants by ... registrars

Statement of truth in support of grant

Grant in additional name

Exhibition of wills

Engrossments for purposes of record

Evidence as to due execution of will

Execution of will of blind or illiterate testator

Evidence as to terms, condition and date of execution of will

Attempted revocation of will

Affidavit or witness statement as to due execution, terms, etc., of will

Wills proved otherwise than under section 9 of the Wills Act 1837

Wills of persons on military service and seamen

Evidence of foreign law

Order of priority for grant where deceased left a will

Grants to attesting witnesses, etc

Order of priority for grant in case of intestacy

Order of priority for grant in pre-1926 cases

Right of assignee to a grant

Joinder of administrator

Additional personal representatives

Grants where two or more persons entitled in same degree

Exceptions to rules as to priority

Grants in respect of settled land

Grants where deceased died domiciled outside England and Wales

Grants to attorneys

Grants on behalf of minors

Grants where a minor is a co-executor

Renunciation of the right of a minor to a grant

Grants in case of lack of mental capacity

Grants to trust corporations and other corporate bodies

Renunciation of probate and administration

Notice to Crown of intended application for grant

Resealing under Colonial Probates Acts 1892 and 1927

Application for leave to sue on guarantee

Amendment and revocation of grant

Certificate of delivery of Inland Revenue affidavit

Standing searches

Caveats

Probate actions

Citations

Citation to accept or refuse or to take a grant

Citation to propound a will

Address for service

Application for order to attend for examination or for subpoena to bring in a will

Grants to part of an estate under section 113 of the Act

Grants of administration under discretionary powers of court, and grants ad colligenda bona

Applications for leave to swear or give evidence as to death

Grants in respect of nuncupative wills and copies of wills

Application for rectification of a will

Notice of election by surviving spouse or civil partner to redeem life interest

Index of grant applications

Inspection of copies of original wills and other documents

Issue of copies of original wills and other documents

Costs

Power to require applications to be made by summons

Transfer of applications

Exercise of a registrar’s jurisdiction by another registrar

Power to make orders for costs

Exercise of powers of judge during Long Vacation

Appeals from district judges or registrars

Service of summons

Notices, etc.

Application to pending proceedings

Revocation of previous rules

THIRD SCHEDULE — EXCEPTIONS TO THE REQUIREMENT TO USE THE ONLINE PORTAL FOR APPLICATIONS FOR GRANTS MADE THROUGH SOLICITORS OR PROBATE PRACTITIONERS

Rule 4

• A grant of administration including a grant of administration with will annexed.

• A second grant of probate in respect of the same estate.

• A grant where the person entitled has been convicted of murder or manslaughter of the deceased or has otherwise forfeited the right to apply.

• A grant in respect of a foreign will.

• A grant accompanied by an application to prove a copy of the will.

• A grant, where all those entitled are deceased, to any of their legal personal representatives.

• A grant accompanied by an application for rectification or fiat copy of the will.

• A grant under rule 25 (Joinder of administrator).

• A grant under rule 27 (4) to (8) (Grants where two or more persons entitled in same degree).

• A grant under rule 30 (Grants where deceased died domiciled outside England and Wales), except a grant under rule 30(3)(b).

• A grant under rule 31 (Grants to attorneys).

• ...

• A grant under rule 39 (Resealing under Colonial Probates Acts 1892 and 1927).

• A grant under rule 52 (Grants of administration under discretionary powers of court, and grants ad colligenda bona).