The President of the Family Division, Sir Mark Potter, announced today that he will be establishing a working group to consider the revision of the Non Contentious Probate Rules 1987 (NCPR) including the question of the publication and disclosure of wills.
The NCPR prescribe the procedure for obtaining a grant of probate or administration where there is no dispute regarding the estate of the deceased.
The working group will be chaired by Mr Justice Munby and membership has been drawn from the legal profession, Probate Service, Citizens’ Advice Bureau and members of the public. Their aim will be to produce a draft set of rules, and supporting practice directions which are both simple and simply expressed, and which set out a fair and efficient procedure.
The work of the committee is expected to be completed by the end of 2010.
Sir Mark Potter said:
“Nearly 300,000 grants of representation are issued each year, over 30 per cent of which are applied for directly by members of the public. However, the current rules are far from user-friendly and provide little guidance. They have not been widely updated since 1987 and I hope that the rules produced by the working group will be more readily understood by the public, as well as bringing the procedures into line with more recent legislation.
“My intention is to create a comprehensive set of Probate rules and supporting practice directions which will be presented in a way which makes them more accessible to litigants and practitioners and which will provide greater clarity about the procedures to be followed.
“This will not only assist court users, but also the registrars and staff, who it is hoped will need to spend less time explaining the procedure to court users. By simplifying the administrative process, there will be less need for intervention and a more universal procedure will be established in everyday matters.
“The publication and disclosure of wills, including those of the Royal Family, has on occasion been a subject of some interest, and the Committee’s remit will extend to consideration of this topic.”
Notes to Editors.
- Rules for regulating and prescribing the practice and procedure of the High Court with respect to non-contentious or common form probate business are made are made by the Lord Chief Justice, or a judicial office-holder nominated by him, with the agreement of the Lord Chancellor in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005: Supreme Court Act 1981, s 127(1). The President of the Family Division has been nominated by the Lord Chief Justice to make designated rules for this purpose.
- The terms of reference for the working group are:
‘The Non-Contentious Probate Rules Committee is an ad-hoc advisory committee established by the President of the Family Division. Its function is to undertake a revision of the Non-Contentious Probate Rules 1987 (NCPR) which govern the practice and procedure in the Probate Service (which deals with non-contentious probate work in England and Wales). The aim of the committee is to produce a set of rules, and supporting practice directions, which set our fair and efficient procedure, with rules which are both simple and simply expressed.’
- Mr Justice (James) Munby was called to the Bar (Middle Temple) in 1971. He took silk in 1988, and was appointed a Judge of the High Court, Family Division, in 2000.
- The membership of the committee is as follows:
Philip Waller , Senior District Judge of the Family Division, since 2004.
Jonathan Winegarten, Chief Chancery Master, Supreme Court, since 1998. Joint editor, Tristram and Coote’s Probate Practice , since 1995.
James Sandbach, Social Policy Officer for Citizens Advice, covering legal and justice issues.
John Ross Martyn was called to the Bar in 1969. He is joint editor of Theobald on Wills , and Williams Mortimer & Sunnucks on Executors, Administrators and Probate .
Nicholas Caddick was called to the Bar in 1988. He is joint editor of Williams Mortimer & Sunnucks on Executors, Administrators and Probate .
Ann Duchart, solicitor since 1981 and founding partner of Wrigleys Solicitors LLP in 1996, specialising in private client work. Member of the Society of Trust and Estate Practitioners, the Probate Section of the Law Society, and the Charity Law Association.
Pat Lush currently a partner with Whitehead Vizard, has practised as a solicitor for over 30 years, dealing wholly with private client work. Member of the Law Society’s Council, Wills and Equity Committee, and Probate Section.
Richard Roberts, senior director of Gedye and Sons (solicitors) Ltd, has practised private client work since 1982. Member of the Law Society Wills and Equity Committee.
Helen Smith, Area Director for the Probate Service and the Court of Protection
Roland D’Costa has been a District Probate Registrar for 20 years. He is joint editor of Tristram and Coote’s Probate Practice .
Kieron Murphy has worked in a variety of roles in the Probate Service for over 20 years, most recently as a District Probate Registrar.
Bernice Phillips joined the Probate Service in 1991, having held a number of other posts in court administration since 1970. Appointed Probate Manager in 1998.
Diane Rice has been a Group Probate Manager since 2008. Joined the Probate Service in 1993, after holding a variety of other courts administration posts.
- For further information contact:
Email: John Briden, Probate Service
Email: Carolyn Nesbitt, Judicial Communications Office
