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Rule 57.13 F1

(1)

This Section contains rules about claims and applications for substitution or removal of a personal representative.

(F22)

Claims under this Section must be started in a Property, Trusts and Probate List of the Business and Property Division.

(Section 50 of the Administration of Justice Act 1985f1 gives the High Court power to appoint a substitute for, or to remove, a personal representative.)

(3)

Every personal representative of the estate shall be joined as a party.

(4)

F3Practice Direction 57 makes provision for lodging the grant of probate or letters of administration in a claim under this Section.

(5)

If substitution or removal of a personal representative is sought by application in existing proceedings, this rule shall apply with references to claims being read as if they referred to applications.

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

Rule 57.13(2) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(4), 13(5) (with rule 2)

F3

Words in rule 57.13(4) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(c)

Footnotes

f1

1984 c. 28. Section 69 was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 46.

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