Jurisdiction(s):
United Kingdom

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Key definition

Non-Contentious Probate Rules 1987 definition

What does Non-Contentious Probate Rules 1987 mean? The Non-Contentious probate rules 1987 set out how non-contentious (common form) probate work is conducted in England and Wales—principally applications to the Probate Registry for grants of probate and letters of administration where there is no dispute. They are secondary legislation made under the Senior Courts Act 1981 and, as amended, govern who may apply (personal applicants and solicitors), required evidence and statements of truth (which have replaced oaths), the form and content of applications, and procedural steps for caveats (lodging, warning and appearance), citations, renunciations, limited or special grants, resealing of foreign grants, and correction or revocation...

Incorporation of Unattested Documents into Wills (England and Wales): requirements, proof, effect, probate practice and STEP Standard Provisions

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Practice notes

Conditions of incorporation

A testator may treat as part of their Will a separate document that they have not formally executed, using the doctrine of incorporation by reference, even if that document is unattested.

Before that doctrine operates, the document to be brought in must be:

in existence at the time the Will is made
referred to as being in existence
clearly identified

There are exceptions. The document need not be testamentary in form or character.

The document must be in existence at the time the Will is made. It cannot post-date the making of the Will.

It must already exist when the Will is executed; it cannot be something to be created later. The burden of proving the document’s identity and its existence as at the date of the Will rests on the party invoking the doctrine. In other words, the evidential onus lies with whoever seeks to rely upon it. Crucially, it must exist when the Will is signed, not at some later point. In Singleton v Tomlinson, the testator made a Will directing his executors to sell four landed estates named in the Will. Those estates were detailed in a schedule attached to the Will bearing the...

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Web page updated on 27/05/2026

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