The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
STOP PRESS: 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 10(1)(b), 12(1), 12(2), 16, 19, 25(2), 26(1), 32(2), 36(2)(a), 44(6), 44(10), 44(12), 46(2), 46(4), 47(4), 47(6), 48(2)(a), 50(2), 51, 52, 53, 54(3), 55(2) and 55(3). This makes permanent the temporary provisions introduced by the President of the Family Division at the start of the coronavirus (COVID-19) pandemic. See: LNB News 01/10/2020 19.
The High Court has jurisdiction in relation to probates and administration'>letters of administration, in particular all contentious and non-contentious jurisdiction relating to:
testamentary causes and matters
the grant, amendment or revocation of probates and letters of administration
the real and personal estates of deceased persons
The probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and county court).
The Family Division deals with non-contentious probate business.
The Chancery Division deals with contentious or solemn form probate business.
There are three main issues:
whether a document is admissible to probate
who is entitled to a grant of representation
whether a grant already made should be revoked
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