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Extension of guidance as to the replacement of affidavits with statements of truth in non-contentious probate processes

|Family Court|News

The President of the Family Division previously issued guidance to courts and practitioners in relation to the use of statements of truth as a replacement for affidavits in non-contentious probate processes in current circumstances, where at present many solicitors cannot access their offices of papers.

Issued on 17 April 2020, this guidance can be viewed on the public judiciary website. It was due to expire on 30 July 2020.

Due to continuing challenges facing courts and practitioners in making paper-based probate applications in the coronavirus pandemic, the Acting President has extended this guidance so it will now expire on 30 October 2020.

As noted in the previously published guidance, it remains that consideration will be given to making this rule change permanent via a Statutory Instrument.

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