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The Non-Contentious Probate Rules 1987
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Personal applicationsE+W
5.—(1) A personal applicant may apply for a grant at any registry or sub-registry.
(2) Save as provided for by rule 39 a personal applicant may not apply through an agent, whether paid or unpaid, and may not be attended by any person acting or appearing to act as his adviser.
(3) No personal application shall be proceeded with if—
(a)it becomes necessary to bring the matter before the court by action or summons [F1, unless a judge, district judge or registrar so permits];
(b)an application has already been made by a solicitor [F2or probate practitioner] on behalf of the applicant and has not been withdrawn; or
(c)the [F3district judge or] registrar so directs.
(4) After a will has been deposited in a registry by a personal applicant, it may not be delivered to the applicant or to any other person unless in special circumstances the [F4district judge or] registrar so directs.
(5) A personal applicant shall produce a certificate of the death of the deceased or such other evidence of the death as [F5required by instructions given by the registry or as] the [F6district judge or] registrar may approve.
(6) A personal applicant shall supply all information necessary to enable the papers leading to the grant to be prepared [F7as required by instructions given by the registry].
(7) Unless the [F8district judge or] registrar otherwise directs, every F9... affidavit required on a personal application shall be sworn or executed by all the deponents before an authorised officer.
(8) No legal advice shall be given to a personal applicant by an officer of a registry and every such officer shall be responsible only for embodying in proper form the applicant’s instructions for the grant.
[F10(9) In any case where an application is made under rule 5ZA (online procedure for personal applications), this rule applies with the exceptions and modifications provided for by that rule.]
[F11(10) In any case where an application is made under rule 5A (alternative online procedure for personal applications), this rule applies with the exceptions and modifications provided for by that rule.]
Textual Amendments
F1Words in rule 5(3)(a) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 5
F2Words in rule 5(3)(b) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 6
F3Words in rule 5(3)(c) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F4Words in rule 5(4) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F5Words in rule 5(5) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 4(2)
F6Words in rule 5(5) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F7Words in rule 5(6) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 4(3)
F8Words in rule 5(7) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F9Words in rule 5(7) omitted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 4(4)
F10Rule 5(9) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 4(5)
F11Rule 5(10) substituted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 4(6)
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