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The Non-Contentious Probate Rules 1987

Status:

This is the original version (as it was originally made).

Personal applications

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;

(b)an application has already been made by a solicitor on behalf of the applicant and has not been withdrawn; or

(c)the 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 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 the registrar may approve.

(6) A personal applicant shall supply all information necessary to enable the papers leading to the grant to be prepared in the registry.

(7) Unless the registrar otherwise directs, every oath or 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.

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