Amendments to the Non-Contentious Probate Rules in force from today

1987 marked a watershed year: Prime Minister Margaret Thatcher won a third term in the June general election; The Simpsons made its debut as shorts on The Tracey Ullman Show; the first Rugby World Cup unfolded in the southern hemisphere; global markets were sent into disarray on Black Monday; and – most importantly - the Non-Contentious Probate Rules were first introduced.

The principal role of the Non-Contentious Probate Rules is to govern practice and procedure in the Probate Registry where there is no dispute about entitlement to a grant of representation or the validity of any will or codicil. The explanatory memorandum defines “non-contentious or common form probate business” as “the business of obtaining probate and administration where there is no contention as to the right thereto” and includes “all businesses of a non-contentious nature in matters of testacy and intestacy not being proceedings in any action” (section 128 of the Senior Courts Act 1981). 

As contentious probate lawyers will know, however, the Non-Contentious Probate Rules are relevant and frequently applied in the context of probate disputes.  For example, the rules relating to caveats (which prevent a grant of probate being issued where the validity of a will is in dispute) or the procedural rules relating to certain probate applications (including contested applications) before the District Judge or Registrar.  

It is therefore important to be familiar with the Non-Contentious Probate (Amendment) Rules (NCP(A)R) 2025, which come into force today (3 November 2025) and introduce a number of changes to the Non-Contentious Probate Rules. We consider that those most relevant to probate disputes include:

• Amendment to Rule 27: the introduction of an order of priority that a district judge or registrar can choose to apply to a dispute between two or more people who are equally entitled to apply for a grant of administration.
• Amendment to Rule 41: the introduction of a requirement for a district judge or registrar to revoke a grant issued by reason of official error or delay, in cases where a caveat had already been entered in the estate at the time the grant was issued.
• Amendments to Rule 44:
  • the removal of the ability to enter a caveat in person at a registry
  • the introduction of the requirement for a caveator wishing to issue and serve a summons for directions to provide a statement in support of the directions they are seeking;
• Amendment to Rule 49: caveats, citations, warnings, and appearances to be permitted to contain an address for service in Scotland;
• Amendment to Form 4 at Schedule 1: the return to 14 days for a caveator to enter an appearance or issue and serve a summons for directions (if the caveat has been warned off). The caveator will need to provide a statement in support of the directions they are seeking (as per the amendment to Rule 44 above).