The Non-Contentious Probate (Amendment) Rules 2025
The Non-Contentious Probate (Amendment) Rules 2025, effective November 3rd, 2025, amend the 1987 rules governing probate in England and Wales.
Key changes include mandating online applications for grants to trust corporations, establishing a priority order for resolving disputes between equally entitled applicants, streamlining processes for solicitors in Scotland working in England and Wales, and updating forms and procedures to improve efficiency and clarity.
The amendments aim to modernize probate procedures by increasing use of an online portal.
Arguments For
Increased efficiency and accessibility of probate applications through mandatory online portal use for trust corporations and streamlining processes.
Improved dispute resolution in cases of multiple applicants with the same entitlement through a clear order of priority.
Enhanced clarity and consistency in probate procedures by amending relevant rules and forms.
Modernization of probate processes to leverage technology and improve service delivery.
Facilitation of probate procedures for solicitors and probate practitioners based in Scotland operating in England and Wales.
Arguments Against
Potential for digital exclusion impacting those less familiar with technology or without adequate internet access.
Increased workload for registries in managing the transition to the online system and addressing potential technical issues.
Possible initial confusion or resistance from users accustomed to traditional processes.
Unforeseen effects of the changes to existing procedures.
Limited impact assessment provided, leaving open concerns about unintended consequences on different stakeholder groups.
The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes these Rules in exercise of the powers conferred by section 127 of the Senior Courts Act 1981 and section 2(5) of the Colonial Probates Act 1892.
These rules are created by the President of the Family Division of the High Court, with the Lord Chancellor's approval, using powers granted by the Senior Courts Act 1981 and the Colonial Probates Act 1892.
This establishes the legal authority for the rule changes.
These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2025 and come into force on 3rd November 2025.
These Rules extend to England and Wales.
The rules are officially titled the Non-Contentious Probate (Amendment) Rules 2025 and become legally binding on November 3rd, 2025.
They apply only to England and Wales.
The Non-Contentious Probate Rules 1987 are amended in accordance with the following rules.
The subsequent sections detail specific changes to the Non-Contentious Probate Rules 1987.
In rule 2, in the definition of “online portal”, for the words from “or 5A” to the end, substitute ““, 5A (alternative online procedure for personal applications) or 36 (grants to trust corporations and other corporate bodies)”.
The definition of 'online portal' within Rule 2 is updated to include applications under Rule 5A (an alternative online procedure for personal applications) and Rule 36 (grants to corporate bodies).
In rule 4, in paragraph (5), after “Wales” insert “or Scotland”.
Rule 4 is modified to allow solicitors or probate practitioners based in Scotland to provide a Scottish business address when making applications in England and Wales.
In rule 27—
(a) after paragraph (6), insert—
`(6A) In resolving a dispute between persons entitled to a grant of administration in the same degree, the district judge or registrar may apply the following order of priority, namely—
(a) the person with the support of the majority of those entitled in the same degree;
(b) of the persons entitled in the same degree, the person who first lodges an application with the registry;
(c) a neutral person agreed by the parties to the dispute;
(d) a neutral person appointed by the registry in accordance with directions;`
(b) after paragraph (8), insert—
(9) In paragraph (6A), “a neutral person” means any person not entitled to a grant of administration in the same degree as the parties in dispute.
Rule 27 is amended to add a new paragraph (6A) which introduces a priority order for resolving disputes where multiple individuals have equal entitlement to administer an estate.
This order prioritize those with majority support or those filing applications first.
Paragraph (9) clarifies the definition of a 'neutral person' in this context.
In rule 36—
(a) before paragraph (1) insert—
`A1 An application for a grant to a trust corporation must be made using the online portal.
A2 An application made under paragraph (A1) must be made by completing and sending the online application form provided through the online portal and electronically paying the appropriate fee.
A3 Where original documents are required to be sent in support of an application made under paragraph (A1), these must be sent separately to the registry in accordance with instructions given by the registry;`
(b) in paragraph (2)—
(i) in sub-paragraph (a), omit “affidavits or”;
(ii) in sub-paragraph (b), for “lodged” substitute “filed”;
(c) in paragraph (3), for “lodged” substitute “filed”.
Rule 36 is extensively amended requiring applications for grants to trust corporations to be submitted using the online portal.
This includes completing an online form and paying online fees.
It also updates the wording to change 'lodged' to 'filed' in paragraph (2) and (3).
In rule 41—
(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;
(b) after paragraph (2) insert—
(3) Where, by reason of official error or delay, a grant has been issued (save for a grant under rule 52(b)) despite the entry or receipt in the registry of a caveat at the time of issue, a district judge or registrar must make an order revoking that grant.
Rule 41 is updated to include a new paragraph (3) mandating the revocation of grants issued in error due to official mistake or delay, provided a caveat was in place at the time of issuance (excluding grants under Rule 52(b)).
Paragraph (1) is also amended to reflect the incorporation of this new paragraph.
In rule 44—
(a) omit paragraph (2)(a) and the “or” immediately after that sub-paragraph;
(b) in paragraph (6), at the end, insert “which must be accompanied by a statement in support of the directions sought”;
(c) after paragraph (6) insert—
(6A) In disposing of any summons for directions under paragraph (6), where two or more persons are entitled to a grant of administration in the same degree, the district judge or registrar may apply the order of priority set out in rule 27(6A);
(d) in paragraph (7)—
(i) for “hearing” substitute “disposal”;
(ii) for “above” substitute “whether by hearing or otherwise,”.
Rule 44 undergoes multiple changes: removing the provision for in-person caveats in paragraph (2)(a); requiring supporting documentation for summonses in paragraph (6); adding new paragraph (6A), allowing use of the Rule 27 priority order in dispute resolution; and changing 'hearing' to 'disposal' and updating related wording in (7).
In rule 49, after “Wales”, insert “or Scotland”.
Rule 49 is amended to allow for the provision of a Scottish address for service for those working in England and Wales.
In the First Schedule, for Form 4 (warning to caveator), substitute Form 4 in the Schedule to these Rules.
Form 4 (warning to caveator) in the First Schedule is replaced with a new version detailed in the schedule attached to these new rules.
In the Third Schedule—
(a) after “rule 27” insert “(4) to (8)”;
(b) omit “A grant under rule 36 (Grants to trust corporations and other corporate bodies).”.
The Third Schedule, which lists exceptions to online portal usage, is amended to include specific references to rule 27 and to remove any exception for rule 36 (grants to trust corporations).
FORM 4 WARNING TO CAVEATOR
This section contains a new version of Form 4, a warning document to individuals who have filed a caveat.