IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND

 

PRACTICE GUIDANCE NOTE 4 of 2006(PROBATE)

 

ENGROSSMENTS OF WILLS  AND CODICILS

 

1.                  Attention is drawn to the requirements of Order 97 rule 8 of the Rules of the Supreme Court (Northern Ireland) 1980.  The purpose of this Note is to provide guidance on the particular circumstances in which a typed or printed engrossment of a will (for this purpose to include a codicil) should be included in the papers to be lodged in the Probate Office on an application for a grant.

 

2.                  An engrossment should be lodged with the application in any of the following circumstances:-

 

(a)    The will contains an alteration not admissible to probate (except where (i) the original has been altered but not re-executed or re-published and there exists a photocopy of the original executed document, or (ii) inadmissible words on the same page below the testator’s signature can be masked out, or (iii) a complete page or pages of the will are to be excluded).

 

(b)   The will has been rectified by an Order pursuant to Article 29(1) of the Wills and Administration Proceedings (NI) Order 1994.

 

(c)    The will is illegible.

 

(d)   The will is otherwise unsuitable for photocopying e.g. because it or any documents to be incorporated in it are of a size or shape or contain ink or print which would not be compatible with clear and satisfactory A4 photographic reproduction.

 

3.                  In future a handwritten or home-made will need not be the subject of an engrossment provided it does not fall within any of the categories listed in paragraph 2.  A will upon which there is pencil writing need not be engrossed unless it falls within one of those categories, but a copy (whether engrossed or photographic) marked in accordance with rule 8(4) must be lodged.

 

4.                  Where an engrossment is lodged it must be (i) prepared strictly in accordance with rule 8(3) and (ii) certified at its end or foot by the lodging solicitor or applicant in person as a true copy of the original will (adding where appropriate: “as rectified by Order dated …”, and/or “excluding all material not admissible to probate”, and/or “pencil writing on the will/codicil being shown underlined in red ink on this engrossment”).

 

 

Dated 13 September 2006

 

 

 

Master Ellison