Q&As

Can the service of a notice on a non-proving executor be made by email?

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Published on: 21 March 2019
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Where two or more executors are appointed by the testator and only one of those executors intends to obtain a Grant of Probate with power reserved to the other executor(s), under Non-Contentious Probate Rules 1987 (NPR 1987), SI 1987/2024, r 27(1) the Oath for the Grant must state they have given notice to the other executor(s) (see Commentary: Notice of application for Probate to executor to whom power is to be reserved: BWPAS Probate Precedents [6.5]) unless a district judge or registrar dispenses with the requirement to provide notice. For further information, see Commentary: Reservation of power to non-proving executors: Tristram & Coote’s Probate Practice [4.54]–[4.60].

NPR 1987, SI 1987/2024, r 67 provides as follows:

‘67. Unless a registrar

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Jurisdiction(s):
United Kingdom
Key definition:
Grant of Probate definition
What does Grant of Probate mean?

The representation'>grant of representation obtained where the deceased left a valid Will appointing one or more executors who are able and willing to prove the Will.

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