Calling all Probate Practitioners
With effect from the 27th November, HMCTS Probate will be changing the way that legal practitioners can lodge applications for Probate. By way of a statutory instrument, practitioners will no longer be required to submit an oath in support of their application but instead will be required to submit a statement of truth signed by the person(s) applying for the grant. It will also no longer be necessary to ensure that all applicants sign the original will.
We appreciate that this change will require changes to the format with which you submit your applications. HMCTS would advise that we will provide further information in regard to the template of the statement of truth but at present we would advise that it is our intention only to make small changes to the current oath format to ensure that it fits with the new procedure and to make sure that you also do not need to change the format completely. We will write to you shortly providing the template wording which must replace the jurat at the foot of the oath and also wording to account for the removal of the need to sign the will.
The SI will also bring about changes to the way caveat applications can be submitted. Guidance on those changes is set out as followed:
SI 1137/18 to NCPR 1987 will come into force on 27th November 2018.
Please note the following changes to Rule 44 regarding caveats :
- Rules 44(2) (b) and 44 (3) (a) and (b)
Caveats can now be entered and extended via email as well as post. If the caveat is to be entered electronically the caveat form should be emailed to the DPR solicitors enquiries address. The email attaching the caveat form should ask for the fee to be taken from your PBA account. The fee must be paid before the caveat is entered/extended and currently there is no provision to pay a fee electronically other than by use of a PBA account. The caveat should be in the prescribed form i.e. form 3 ( precedent form number 41 in Tristram & Cootes probate Practice 31st edition). Caveats received after 4pm will be entered the following day.
- Rules 44(6),(10) and (12)
The period for entering an appearance/summons for directions following a warning to a caveat is now 14 days ( calendar days including weekends and Bank Holidays).
- Rule 44(13)
District Probate Registrars can now deal with all summons to discontinue caveats following an appearance – whether by consent or not. The summons should be sent to the registry where the grant application is pending and if there is no application pending to the registry where the caveat was entered.
- Rule 44(14)
District probate Registrars can now deal with applications to enter a further caveat entered by or on behalf of any caveator whose caveat is either in force or has ceased to have effect under R44(7) or (12) and under R45(4) and R46(3). These applications should be sent to the registry where the caveat was entered.
- R45(3) and R46(3)
Registrars can now deal with applications under these rules.
- R43
Standing Searches can now be entered and extended via email as well as post. If the standing Search is to be entered electronically form PA1s should be emailed to (INSERT THE EMAIL ADDRESS YOU WISH IT TO BE SENT TO ) with confirmation that the fee is to be taken by PBA. The fee must be paid before the Standing Search is entered/extended and currently there is no provision to pay a fee electronically other than by use of a PBA account.
In addition please note that caveats received after 4 .p.m. will be deemed as having been received on the following day.
We understand that these changes are due next week and therefore it is our intention to continue to accept sworn oaths as correct applications for the time being therefore there is no need to change any existing work that you have ongoing.
If you have any further queries please do not hesitate to contact your local probate registry
Manchester District Probate Registry | HMCTS | Manchester Civil Justice Centre, Ground Floor, Bridge Street West | Manchester | M60 1WJ
Phone: 0161 240 5701/5702
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