On 2 November 2020 the amended Non-Contentious Probate Rules come into force.
They include the Overriding Objective, require solicitors and probate practitioners to use the online portal and replace the need for an affidavit with a witness statement.
The Third Schedule provides circumstances where solicitors and probate practitioners will not need to use the portal which include:
- A grant of administration including a grant of administration with will annexed.
- A second grant of probate in respect of the same estate.
- A grant where the person entitled has been convicted of murder or manslaughter of the deceased or has otherwise forfeited the right to apply.
- A grant in respect of a foreign will.
- A grant accompanied by an application to prove a copy of the will. A grant, where all those entitled are deceased, to any of their legal personal representatives.
