Sudden changes to probate
procedure announced
WITH LESS THAN A MONTHS’ NOTICE THE
GOVERNMENT HAVE ANNOUNCED CHANGES
TO THE PROCESS OF APPLYING FOR PROBATE IN
ENGLAND & WALES.
These changes are being brought into effect
on the 27th November 2018 by The Non-
Contentious Probate (Amendment) Rules
2018).
As this Statutory Instrument has been laid
as a negative instrument it requires no
Parliamentary consultation and became law
on the day the appropriate Minister signed
it. Negative instruments can be rejected if a
prayer to reject it is agreed by either House,
but this is unlikely.
The amended rules will extend the scope
of online applications for probate to all
unrepresented applicants. This is an extension
from the previous scheme introduced by the
Non-Contentious Probate (Amendment)
Rules 2017 that started allowing online
probate applications from personal
applicants earlier this year.
The amended rules also allow for all
applications to be verified by only a
statement of truth rather than an oath. They
also remove the requirement for the will and
other testamentary documents to be marked
by the executors.
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The Society of Will Writers
Additional changes include extending the
powers of district probate registrars to be
equivalent to district judges, allowing caveat
and standing search applications to be
made electronically as well as extending the
time limit in the caveat process.
Overall the aim is to make the probate
application process smoother and quicker
and bring it into the online age. However,
as only unrepresented people may make
online applications there are some concerns
over whether this will discourage people
from seeking professional probate advice.
These changes come hot on the heels of
the MOJ’s proposal to increase probate
application fees and move forward with a
new banded structure from next April. This
new fee structure would see the minimum
probate application fee rise from £215
for individuals, or £155 if made through a
solicitor, to £250. The maximum fee will be
£6000. No fee will be payable for estates
valued under £50,000.
The Society of Will Writers
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