Modernising Probate Practice: Key Changes Under The Non-Contentious Probate (Amendment) Rules 2025 (SI 2025/1004)

The days of lodging caveats in person are, for most practitioners, a distant memory - if they ever occurred at all. In practice, caveats have long been submitted online or by post. It is therefore welcome news that the Non-Contentious Probate Rules 1987 are being updated to reflect contemporary practice.

These rules govern the probate and administration process in England and Wales. A working group has been re-established to modernise the legislation, which has lagged behind the evolving legal and technological landscape. From 3 November 2025, the Non-Contentious Probate (Amendment) Rules 2025 (SI 2025/1004) will introduce targeted amendments aimed at streamlining procedures and enhancing efficiency. A broader consultation is expected in due course.

Summary of key amendments from 3 November 2025

1. Caveats and Revocation of Grants 

It will no longer be possible under the rules to lodge caveats in person, although in practice it has not been physically possible to do so for some time.  All applications to enter a caveat will need to be issued online or by post.  

To improve efficiency, a caveator, when seeking to issue and serve a summons for directions, will be required to provide a witness statement in support of the directions they are seeking. This is to avoid delays between the Registrar requesting such a statement and it being provided. 

To deal more efficiently with grants that have been issued in error, in circumstances where a caveat is in place, a new rule is being introduced requiring District Judges or Registrars to make an order revoking such erroneous grants. This supplements the existing provisions that allow revocation of such grants on an application being made, but will speed up the process, as the District Judge or Registrar will no longer need to wait for an application to be made. 

A new prescribed Form 4 Warning to Caveator will be available to reflect the rule changes made in 2018, which increased the time frame for a caveator entering an appearance or issuing and serving a summons, and the time period for the person warning to file an affidavit (or witness statement), from 8 to 14 days. From 3 November 2025, we will finally have a form to use that states the correct time frame, thus hopefully eliminating confusion regarding deadlines. 

2. Intestacy and Multiple Entitlements 

Previously, District Judges and Registrars exercised their discretion to determine who should be awarded probate in circumstances when multiple individuals of equal entitlement applied for letters of administration. 

To improve efficiency and streamline decision-making, District judges and registrars will now have an order of priority that they can use at their discretion. The order is as follows: 

1. the person with the support of the majority of those entitled in the same degree;
2. of the persons entitled in the same degree, the person who first lodges an application with the registry;
3. a neutral person agreed by the parties to the dispute;
4. a neutral person appointed by the registry in accordance with directions.

District Judges and Registrars can also use this order of priority when dealing with a summons for directions where there are two or more people entitled in the same degree. 

3. Online portal expansion

It will now be mandatory for trust corporations acting as executors to apply for grants via the online portal. Paper applications will still be required where the trust corporation applies for letters of administration with will annexed as a beneficiary or attorney. This is part of the ongoing process to expand and improve the online portal's accessibility and functionality.  

Further changes would be welcome to ensure that in the not-too-distant future all applications can be made via the online portal and avoid confusion in practice. 

4. Cross-Jurisdictional Applications

Previously, Scottish Solicitors and probate practitioners who are authorised to conduct probate work in England and Wales would need to provide an address in England and Wales. As of 3 November, they will be able to provide addresses in Scotland when applying for grants in England and Wales. Caveats, citations, warnings and appearances may also now contain Scottish addresses for service. 

Implications for practitioners

The continued shift to online working will hopefully simplify administration, reduce costs and improve turnaround times. 

It will be more efficient, from both a time and costs perspective for solicitors and probate practitioners to automatically receive an order revoking an erroneously issued Grant, rather than having to make a formal application for one. 

The rules could go further by enabling the entire caveat process to be managed online. This would include not only lodging and withdrawing caveats, but also the ability to renew them via the portal. Such enhancements would streamline the system for both practitioners, improving accessibility and reducing administrative burdens. The current amendments do not however go as far, at least for the moment.  

The guidance on the order of priority is also welcome and will help solicitors to advise their clients more confidently and consistently on the possible outcome of such disputes. It will also improve guidance for the judiciary when trying to resolve these disputes. 

Conclusion

These amendments are a welcome step toward modernising probate practice, particularly by aligning procedural rules with digital working. However, further reform is anticipated, and the re-established working group is expected to continue efforts to streamline estate administration and improve the online portal. So, watch this space.