Probate

Probate business in Northern Ireland is assigned to the Chancery Office within the Chancery Division of the High Court of Justice. About 6,000 probate applications each year are processed.

From the 30 September 2015 the Principal Registry in Belfast will manage all probate applications in Northern Ireland. You will still be able to lodge probate applications & caveats in the District Registry in Londonderry, however upon receipt these will be transferred to the Principal Registry in Belfast for processing.

You may of course choose to lodge your applications directly with the Principal Registry in Belfast in the Royal Courts of Justice in the first instance.

It is also important to note that the historical “Probate Calendar Volumes” located in Londonderry Courthouse will remain there, should anyone wish to inspect them. However, due to current restrictions you must make an appointment in advance.

Introduction

• The Probate process - an overview by HM Revenue & Customs
• Inheritance Tax - by HM Revenue & Customs

Probate Business Categories

• Applications for Grant
• Caveats, Warnings, Appearances, Citations
• Contentious Probate (Writs)

Important Changes

• Civil Partnership Act 2004 - in respect of deaths on or after 5 December 2005
• IHT205(2006) Return of Estate Information - new version of form to be used for deaths on or after 1 September 2006

Non-Contentious Probate Rules - Order 97

• Refer to Order 97 in "Rules of the Supreme Court (Northern Ireland) 1980''
• Rule 18 - Order of priority for a grant where the deceased left a will
• Rule 20 - Order of priority for a grant in a case of intestacy
• Oath for Administrator Intestate - examples of entitlement wording

Contentious Probate Rules - Order 76

• Refer to Order 76 in Rules of the Supreme Court (Northern Ireland) 1980

Practice Directions and Practice Guidance Notes

• Points in Practice Practice Note 4/2007
• Preparation of Affidavits and Exhibits Practice Direction 5/2005
• Engrossments of Wills and Codicils Practice Note 4/2006
• Oaths for Grants and Inheritance Tax Accounts Practice Note 3/2006
• Unique Solicitor's Reference (Practice Direction 9/2006
• Civil Partnership Act 2004 (Practice Note 1/2007
• Transfer of Probate Business to Chancery Division Practice Direction 1/2009
• Applications for Grants: Lodgment of Copy Wills Practice Direction 4/2009
• Practice Direction 03-21_0.pdf (judiciaryni.uk)

Probate Textbooks

• “Probate Practice Notes” by Margaret Aiken - published 1981(out of print)
• “Succession Law in Northern Ireland” by Sheena Grattan - published 1996
• “Tristram & Coote’s Probate Practice” by J Winegarten, R D’Costa & T Synak - 30th edition published 2008

Probate Fees

• Probate | nidirect

Personal Applications

The Probate Office will not provide the personal appointment service if the application relates to second or subsequent grants in a deceased person’s estate. If you are seeking to make such an application, you must instruct a Solicitor in this jurisdiction.

• Probate | nidirect

HM Revenue and Customs IHT Forms

• Tax form IHT205 for an excepted estate
• Tax form IHT400 - Inheritance Tax account - additional Schedules in the IHT400 series may be needed
• Tax form IHT421 - Probate Summary

IHT Helpline - 0300 123 1072

Website IHT

Probate Searches

Probate searches can be conducted via our Online Services page: Online Services. A hard copy form can also be found in the 'Useful Forms' section below.

Useful Forms

• Caveat Form 4
• Warning to Caveator Form 5
• Appearance to Warning Form 6
• Document Requisition Form
• Probate Search Form
• Probate forms and guidance | nidirect

Probate in other Jurisdictions

• England and Wales
• probate registries in England and Wales
• Scotland
• Republic of Ireland

Probate Registry Locations

Probate Office, 2nd Floor, Royal Courts of Justice, Chichester Street, Belfast

• Further information on the Royal Courts of Justice

How to Contact the Probate Office

Tel: Belfast - 0300 200 7812
Email: probate@courtsni.gov.uk