The Non-Contentious Probate Rules 1987

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InterpretationE+W

2.—(1) In these Rules, unless the context otherwise requires—

“the Act” means the Supreme Court Act 1981;

“authorised officer” means any officer of a registry who is for the time being authorised by the President to administer any oath or to take any affidavit required for any purpose connected with his duties;

“the Crown” includes the Crown in right of the Duchy of Lancaster and the Duke of Cornwall for the time being;

[F1“district judge” means a district judge of the Principal Registry;]

“grant” means a grant of probate or administration and includes, where the context so admits, the resealing of such a grant under the Colonial Probates Acts 1892 and 1927(1);

“gross value” in relation to any estate means the value of the estate without deduction for debts, incumbrances, funeral expenses or inheritance tax (or other capital tax payable out of the estate);

[F2“judge” means a judge of the High Court;]

“personal applicant” means a person other than a trust corporation who seeks to obtain a grant without employing a solicitor [F3or probate practitioner], and “personal application” has a corresponding meaning;

[F4“probate practitioner” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a probate activity (within the meaning of that Act);]

[F5“online portal” means the online portal established by Her Majesty’s Courts and Tribunals Service for the making of online applications under [F6rules 4 (Applications for grants through solicitors or probate practitioners)], 5ZA (online procedure for personal applications) or 5A (alternative online procedure for personal applications);]

[F7“registrar” means the district probate registrar of the district probate registry–

(i)

to which an application for a grant is made or is proposed to be made,

(ii)

in rules 26, 40, 41 and 61(2), from which the grant issued, and

(iii)

in rules 46, 47 and 48, from which the citation has issued or is proposed to be issued;]

“registry” means the Principal Registry or a district probate registry;

[F8“the senior district judge” means the Senior District Judge of the Family Division or, in his absence, the senior of the district judges in attendance at the Principal Registry;]

[F9“statement of truth” means a statement F10... confirming the truthfulness of statements made in the application and the true nature of any documents served in support of the application;]

F11...

“the Treasury Solicitor” means the solicitor for the affairs of Her Majesty’s Treasury and includes the solicitor for the affairs of the Duchy of Lancaster and the solicitor of the Duchy of Cornwall;

“trust corporation” means a corporation within the meaning of section 128 of the Act as extended by section 3 of the Law of Property (Amendment) Act 1926(2).

[F12“witness statement” means a written statement signed by a person which contains the evidence which that person would be allowed to give orally.]

(2) A form referred to by number means the form so numbered in the First Schedule; and such forms shall be used wherever applicable, with such variation as a [F13district judge or] registrar may in any particular case direct or approve.

Textual Amendments

F1Words in rule 2(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 6(a)

F2Words in rule 2(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 6(b)

F3Words in rule 2(1) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 3(a)

F4Words in rule 2 substituted (1.1.2010) by The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 7

F5Words in rule 2 substituted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 2(2)

F6Words 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)

F7Words in rule 2(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 6(c)

F8Words in rule 2(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 6(d)

F9Words in rule 2 inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 2(3)

F10Words 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)

F11Words 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