Rule 57.13 F1
This Section contains rules about claims and applications for substitution or removal of a personal representative.
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.)
Every personal representative of the estate shall be joined as a party.
F3Practice Direction 57 makes provision for lodging the grant of probate or letters of administration in a claim under this Section.
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