Paragraph 57.1 Scope of this Part and definitions

(1)

This Part contains rules about—

(a)

probate claims;

(b)

claims for the rectification of wills; and

(c)

claims and applications to—

(i)

substitute another person for a personal representative; or

(ii)

remove a personal representative.

(2)

In this Part:

(a)

“probate claim” means a claim for—

(i)

the grant of probate of the will, or letters of administration of the estate, of a deceased person;

(ii)

the revocation of such a grant; or

(iii)

a decree pronouncing for or against the validity of an alleged will;

not being a claim which is non-contentious (or common form) probate business;

(Section 128 of the Supreme Court Act 1981^f1 defines non-contentious (or common form) probate business.)

(b)

“relevant office” means—

(i)

in the case of High Court proceedings in a Chancery district registry, that registry;

(ii)

in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and

(iii)

in the case of county court proceedings, the office of the county court in question;

(c)

“testamentary document” means a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;

(d)

“will” includes a codicil.

Annotations

Footnotes

f1: 1981 c. 54.