The Non-Contentious Probate Rules 1987

Rule 2(2)

FIRST SCHEDULEE+WFORMS

Commencement Information

I1Sch. 1 in force at 1.1.1988, see rule 1

Rule 42

FORM 1E+Wcertificate of delivery of inland revenue affidavit

Rule 43(1)

F1FORM 2E+Wstanding search

Textual Amendments

F1Sch. 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)

Rule 44(2)

F2F3FORM 3E+Wcaveat

Textual Amendments

F2Sch. 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)

F3Sch. 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)

Rule 44(5)

F4F5F6F7FORM 4E+Wwarning to caveator

Textual Amendments

F4Sch. 1 Form 4 the words “directions by a district judge of the Principal Registry or a registrar of” substituted for “directions by a registrar of the Principal Registry or” (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(8)

F5Sch. 1 Form 4 the words “or probate practitioner” inserted after both occurrences of the word “solicitor” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 17(a)

F6Sch. 1 Form 4 the words “[The nominated registry as defined by rule 44(15)]” substituted for “[The Registry in which the caveat index is maintained]” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 17(b)

F7Sch. 1 Form 4 the words “[name and address of the nominated registry]” substituted for “[name and address of the registry in which the caveat index is maintained]” (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 17(c)

Rules 44(10), 46(6)

F8FORM 5E+Wappearance to warning or citation

Textual Amendments

F8Sch. 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

Rule 56

F9F10FORM 6E+Wnotice of election to redeem life interest

Textual Amendments

F9Sch. 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)

F10Sch. 1 Form 6 the words “/civil partner” inserted after the words “wife/husband” (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), arts. 1, 2(6), Sch. 6 para. 2(5)

Rule 69

SECOND SCHEDULEE+WREVOCATIONS

Commencement Information

I2Sch. 2 in force at 1.1.1988, see rule 1

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

[F11THIRD SCHEDULEE+WEXCEPTIONS TO THE REQUIREMENT TO USE THE ONLINE PORTAL FOR APPLICATIONS FOR GRANTS MADE THROUGH SOLICITORS OR PROBATE PRACTITIONERS

Textual Amendments

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 (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 36 (Grants to trust corporations and other corporate bodies).

  • 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).]