The Non-Contentious Probate (Amendment) Rules 2020

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”) (a) to introduce an overriding objective to the application of the 1987 Rules, (b) to require, with some exceptions, that applications for a grant of probate under the 1987 Rules through solicitors or probate practitioners be made under the online procedure and (c) to permit the use of a witness statement in the alternative to an affidavit.

Rule 2 introduces a new rule 3A to the 1987 Rules which contains the new overriding objective which is to enable the court and the registry to deal with non-contentious and common form probate business justly and expeditiously.

Rule 3 amends the definition of the online portal in rule 2(1) of the 1987 Rules to reflect the changes to rules 4 and 4A of those Rules. Those changes to rules 4 and 4A of the 1987 Rules are to replace them with a new rule 4 to require that applications made through solicitors or probate practitioners for a grant must be made using the online portal unless either, the applicant is invited by any registry to make the application there, or the grant is a grant listed in the new Third Schedule to the 1987 Rules. The grants listed in the new Third Schedule may be made using the online portal or at a registry in accordance with instructions given through the online portal. The new rule 4 of the 1987 Rules retains the requirement that solicitors and probate practitioners through whom such applications are made shall give the address of their place of business in England and Wales.

Rule 5 amends rule 2(1) of the 1987 Rules to introduce a definition of a witness statement, introduces rule 2A, that requires all witness statements to be verified by a statement of truth, and amends rules 10(1)(b), 12(1) and (2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), (10) and (12), 46(2) and (4), 47(4) and (6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2) and (3) of the 1987 Rules to permit the use of a witness statement in the alternative to an affidavit.

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.