Changes under the Non-Contentious Probate (Amendment) Rules 2025
On 5 September 2025, the Non-Contentious Probate (Amendment) Rules 2025 was made and then laid before Parliament on 9 September 2025. This makes amendments to the Non-Contentious Probate Rules 1987 with effect from 3 November 2025.
Whilst the title suggested that the 1987 Rules were predominantly about the practice and procedure of non-contentious probate matters, the reality is that this piece of legislation is highly relevant to practitioners involved in contentious probate issues.
For example, the process for entering a caveat set out under section 44 is regularly used when there is a dispute over the validity of will and once the process is exhausted (Caveat, Warning and Appearance) then no further steps can be taken in the estate without an order from the court, therefore requiring contentious court proceedings to undertaken.
Key amendments from the NCPAR 2025 include the following:
Caveats
1. All applications to enter a caveat must be made online or by post (removing the ability to make these in person any longer)
2. A caveator wishing to issue and serve a summons for directions must now also provide a statement in support
3. Where a grant has been issued in error despite a caveat being in place, a district judge or registrar must make an order revoking the grant (previously this would have required an application from a party)
4. A new version of Form 4 (warning to caveator), allowing 14 days to a caveator to make an appearance at the registry or to issue and serve a summons for directions with a supporting statement, now must be used.
Grants by Trust Corporations
5. All grant applications by trust corporations now must be made using the HMCTS online portal. This does not apply to trust corporations applying for letters of administration where paper applications will still be required
Letters of Administration
6. There is now 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 letters of administration or when disposing of a summons for directions.
The order of priority being:
(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.
These are clearly welcome changes to align the rules with current practices and ensure efficiencies with the expansion of the use of the online portal.
But more can be done, and it is hoped this is just the start of the much-needed development and improvements to minimise unnecessary delays in the process of contentious probate disputes.
If you are dealing with a probate dispute or need specialist advice on how these changes may affect your case, our experienced Dispute Resolution team is here to help. We advise executors, beneficiaries and families on all areas of contentious and non-contentious probate. To speak to one of our legal experts, please call 0330 822 3451 or request a callback.