Part 57 PROBATE, INHERITANCE, PRESUMPTION OF DEATH AND GUARDIANSHIP OF MISSING PERSONSF1F2
Contents of this Part
| Scope of this Part and definitions | Rule 57.1 |
| SECTION I—PROBATE CLAIMS | |
| General | Rule 57.2 |
| How to start a probate claim | Rule 57.3 |
| Acknowledgment of service and defence | Rule 57.4 |
| Lodging of testamentary documents and filing of evidence about testamentary documents | Rule 57.5 |
| Revocation of existing grant | Rule 57.6 |
| Contents of statement of case | Rule 57.7 |
| Counterclaim | Rule 57.8 |
| Probate counterclaim in other proceedings | Rule 57.9 |
| Failure to acknowledge service or to file a defence | Rule 57.10 |
| Discontinuance and dismissal | Rule 57.11 |
| SECTION II—RECTIFICATION OF WILLS | Rule 57.12 |
| SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES | Rule 57.13 |
| F3IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ACT 1975 | |
| Scope of this Section | Rule 57.14 |
| Proceedings in the High Court | Rule 57.15 |
| Procedure for claims under section 1 of the Act | Rule 57.16 |
| F4SECTION V – PROCEEDINGS UNDER THE PRESUMPTION OF DEATH ACT 2013 | |
| Scope and interpretation | 57.17 |
| Proceedings to be in the High Court | 57.18 |
| Procedure for claims for a declaration of presumed death or a variation order | 57.19 |
| Giving notice of claim | 57.20 |
| Advertisement of claim | 57.21 |
| Interveners | 57.22 |
| Requirement to provide information | 57.23 |
| F5Requirement to send copy of declaration to the Public Guardian | Rule 57.24 |
| SECTION VI – PROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017 | |
| Scope and interpretation | Rule 57.25 |
| Proceedings to be in the High Court | Rule 57.26 |
| Procedure for making claims for a guardianship order | Rule 57.27 |
| Procedure for making applications for revocation/variation of guardianship orders and applications relating to guardianship orders | Rule 57.28 |
| Giving notice and advertisement of claim for a guardianship order or an application for a revocation/variation order | Rule 57.29 |
| Giving notice and advertisement of applications relating to guardianship orders or the potential exercise of powers under the 2017 Act | Rule 57.30 |
| Interveners | Rule 57.31 |
| Requirement to send a copy of all orders made to the Public Guardian | Rule 57.32 |
| Death of the missing person | Rule 57.33 |
- 57.1Scope of this Part and definitions
- SECTION I—PROBATE CLAIMS
- SECTION II—RECTIFICATION OF WILLS
- SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL R
- IV CLAIMS UNDER THE INHERITANCE (PROVISION FOR FAM
- SECTION VProceedings under the Presumption of Death Act 2013
- SECTIONVIPROCEEDINGS UNDER THE GUARDIANSHIP (MISSING PERSONS) ACT 2017
Annotations
Textual amendments
- F1
Pt. 57 inserted (15.10.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rule 1(b), Sch. (with rule 19)
- F2
Pt. 57 heading substituted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 3
- F3
Words in Pt. 57 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 4 Pt. 1
- F4
Words in Pt. 57 Table of Contents inserted (1.10.2014) by The Civil Procedure (Amendment No. 6) Rules 2014 (S.I. 2014/2044), rules 2, 10(b)
- F5
Words in Pt. 57 Table of Contents inserted (31.7.2019) by The Civil Procedure (Amendment No. 2) Rules 2019 (S.I. 2019/1034), rules 1(1), 4