Rule 57.11 Discontinuance and dismissalF1
Part 38 does not apply to probate claims.
At any stage of a probate claim the court, on the application of the claimant or of any defendant who has acknowledged service, may order that—
the claim be discontinued or dismissed on such terms as to costs or otherwise as it thinks just; and
a grant of probate of the will, or letters of administration of the estate, of the deceased person be made to the person entitled to the grant.
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)
Notes on Part 57
Textual amendments
- 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