Non-Contentious Probate rules amended

On 2 November 2020 the amended Non-Contentious Probate Rules come into force.

They include the Overriding Objective, require solicitors and probate practitioners to use the online portal and replace the need for an affidavit with a witness statement.

The Third Schedule provides circumstances where solicitors and probate practitioners will not need to use the portal which include:

  • A grant of administration including a grant of administration with will annexed.
  • A second grant of probate in respect of the same estate.
  • A grant where the person entitled has been convicted of murder or manslaughter of the deceased or has otherwise forfeited the right to apply.
  • A grant in respect of a foreign will.
  • A grant accompanied by an application to prove a copy of the will. A grant, where all those entitled are deceased, to any of their legal personal representatives.

More information and circumstances where you don’t need to use the portal can be found in the rules here.

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