The Non-Contentious Probate (Amendment) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Non-Contentious Probate Rules 1987 (S.I. 1987/2024) (“the 1987 Rules”) in two respects.

Rule 2 amends the 1987 Rules in order to enable an application for a grant of probate or administration through a solicitor or probate practitioner to be made online on invitation by the registry to which the application is to be made, allowing for an online process for such applications to be introduced on a pilot basis. There are two amendments. First, rule 4 of the 1987 Rules (which makes provision about making an application through a solicitor or probate practitioner) is amended to provide that an application may also be made at any registry under the new rule 4A (which makes provision for the process of making it, including modifications and exceptions to other rules) if the person applying for the grant is invited by that registry to apply under the new rule. Second, the new rule 4A itself is inserted immediately after rule 4.

Rule 3 amends the 1987 Rules in order to enable a personal application for a grant of probate or administration to be made, on invitation by the registry to which the application is to be made, by a process in which a statement of truth contained in the application form replaces the requirement for an oath by the applicant, allowing for such applications to be introduced on a pilot basis. There are again two amendments. First, rule 5 of the 1987 Rules (which makes provision about personal applications) is amended to provide for the modifications and exceptions to that rule made by rule 5B to apply where an application is made under rule 5B. Second, the new rule 5B itself (which makes provision that an application may also be made at any registry if the person applying for the grant is invited by that registry to apply under the new rule, and also for the modifications and exceptions to other rules where the new rule applies) is inserted immediately after rule 5A.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.