The Non-Contentious Probate (Amendment) Rules 2009

Acts of Parliament

Wills and probate

Crown Copyright Acknowledged

STATUTORY INSTRUMENTS

The Non-Contentious Probate (Amendment) Rules 2009


	Made Laid before Parliament Coming into force	14th July 2009 16th July 2009 1st September 2009

The President of the Family Division of the High Court (the judicial office holder nominated by the Lord Chief Justice), with the agreement of the Lord Chancellor, makes the following Rules in exercise of the powers conferred by section 127 of the Supreme Court Act 1981(1) and in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005(2).

1-	Citation and commencement
	These Rules may be cited as the Non-Contentious Probate (Amendment) Rules 2009 and shall come into force on 1st September 2009.
2-	Amendment to the Non-Contentious Probate Rules 1987
	The Non-Contentious Probate Rules 1987(3) are amended in accordance with rule 3.

3-	In rule 32(1)(a) (grants on behalf of minors), for sub-paragraph (i) substitute—

"(i)

section 2(1), 2(1A), 2(2), 2(2A), 4 or 4ZA of the Children Act 1989(4),”.



	10th July 2009	Sir Mark Potter President



	I agree Signed on the authority of the Lord Chancellor


	14th July 2009	Bridget Prentice Parliamentary Under Secretary of State Ministry of Justice

EXPLANATORY NOTE

(This note is not part of the Rules)


	These Rules amend the Non-Contentious Probate Rules (SI 1987/2024) by substituting in rule 32(1)(a) (grants on behalf of minors) a new sub-paragraph (i) to reflect relevant amendments made to the Children Act 1989 by the Human Fertilisation and Embryology Act 2008. The Rules come into force on the same date as the 2008 Act provisions in question.