The Non-Contentious Probate (Amendment) Rules 1998

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Non-Contentious Probate Rules 1987 as follows—

(a) rules 2(a), 3, 4, 6, 16, 17(a) and 18 provide that probate practitioners may act for applicants as well as solicitors; persons falling into the category of probate practitioners as defined in these Rules, may be found listed in section 23(2) of the Solicitors Act 1974;

(b) rules 5, 7, 9 and 15 provide for minor changes and corrections to the 1987 Rules;

(c) rule 8 provides for all persons having parental responsibility for a minor to have an equal right in respect of a grant on behalf of a minor;

(d) rule 10 provides for any two partners to renounce probate or administration on behalf of the other members of a partnership;

(e) rules 11, 13, 17(b) and 17(c) provide for amendments as a result of the computerisation of the index of caveats and summonses;

(f) rule 12 widens the persons to whom notice must be given of an application for the rectification of a will, where they might be prejudiced by it; and

(g) rules 2(b) and 14 provide for the exercise of a registrar’s jurisdiction by another registrar in certain circumstances.