Changes to probate process may become permanent - Courts and Justice Tribunals Family Division Update
Due to the Covid-19 pandemic, the President of the Family Division of the Courts and Tribunals Judiciary, Sir Andrew McFarlane, authorised the use of statements of truth as a replacement for affidavits.
At present due to lockdown and social distancing restrictions many solicitors cannot access their offices or papers. This can been delaying or even preventing the probate process, particularly the use of affidavits.
In layman’s terms, an affidavit is an oath that what the individual is saying is the truth.
By authorising the replacement of an affidavit with a statement of truth in non-contentious probate processes, necessary delays can be prevented and the justice system can remain operational.
Furthermore, the President of the Family Division, Sir Andrew McFarlane, also stated: “Consideration will be given to making this rule change permanent by Statutory Instrument at a future date”.
Such a change would again usher a technology-based, paper free and future-orientated justice system, hopefully permitting clients swift access to justice and the law.
You can access the full Courts and Justice Tribunals Family Division Update HERE.