Administration actions—removal of personal representatives—practice and procedure
Produced in partnership with Mark Lindley of Boodle Hatfield LLP
Administration actions—removal of personal representatives—practice and procedure

The following Wills & Probate practice note Produced in partnership with Mark Lindley of Boodle Hatfield LLP provides comprehensive and up to date legal information covering:

  • Administration actions—removal of personal representatives—practice and procedure
  • Renunciation of the right to administer an estate
  • Removal under section 116 of the Senior Courts Act 1981
  • Removal under section 50 of the Administration of Justice Act 1985
  • Practical issues with orders made under section 116 and section 50
  • Removal under section 1 of the Judicial Trustees Act 1896
  • Once the estate is administered
  • Costs

Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate registrars to allow statements of truth to be used in place of affidavits for non-contentious probate applications and processes during the coronavirus pandemic. The relevant rules which are affected by the guidance are: Non-Contentious Probate Rules 1987, SI 1987/2024, rr 12(1), 16, 19, 25(2), 26, 32(2), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3) and 55(2). The guidance was due to expire on 30 July 2020, however it has been extended to 30 October 2020 due to the ‘continuing challenges facing courts and practitioners in making paper-based probate applications in the coronavirus pandemic’. As noted below, these measures are to come into effect permanently from 2 November 2020. See: LNB News 23/07/2020 55 and LNB News 17/04/2020 92. For updates on key developments and related practical guidance on the implications of coronavirus for practitioners, see: Coronavirus (COVID-19) and Private Client—overview and Coronavirus (COVID-19) toolkit.

FORTHCOMING CHANGE: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for the non-contentious probate applications and processes contained in the following rules: NCPR 1987, SI 1987/2024, rr

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