Update on HMCS probate applications changes

Members will be aware, following the email of 11 December 2008 and the subsequent news item on the website, of the Practice Note which was issued by HMCS regarding probate applications made to the probate registries from 1 January 2009. With effect from this date, two copies of the sworn will and codicils (if applicable) must be supplied in A4 size with grant application papers. Failure to comply with these new requirements will result in the case being stopped and delayed.

This matter was taken up by Patricia Wass, as chair of the Law Society Probate Section, with HMCS, and a disappointing response was received from Helen Smith, probate service director at HMCS, just before Christmas. The letter can be downloaded below, as well as the original notice issued by HMCS.

If practitioners do experience any difficulties or delay caused by this new practice requirement, then please email the probate section so we can take this up again with HMCS.

HMCS notice

HMCS notice of changes to probate applications, circulated 5 December 2008

HMCS Probate notice.pdf [PDF 147KB]

HMCS response 23 December

The HMCS's response to the Probate Section chair's letter about probate application changes

HMRC reply 23 December.pdf [PDF 51KB]