Rule 57.5 Lodging of testamentary documents and filing of evidence about testamentary documentsF1

(1)

Any testamentary document of the deceased person in the possession or control of any party must be lodged with the court.

(2)

Unless the court directs otherwise, the testamentary documents must be lodged in the relevant office—

(a)

by the claimant when the claim form is issued; and

(b)

by a defendant when he acknowledges service.

(3)

The claimant and every defendant who acknowledges service of the claim form must in written evidence—

(a)

describe any testamentary document of the deceased of which he has any knowledge or, if he does not know of any such testamentary document, state that fact, and

(b)

if any testamentary document of which he has knowledge is not in his possession or under his control, give the name and address of the person in whose possession or under whose control it is or, if he does not know the name or address of that person, state that fact.

(A specimen form for the written evidence about testamentary documents is annexed to F2Practice Direction 57.)

(4)

Unless the court directs otherwise, the written evidence required by paragraph (3) must be filed in the relevant office—

(a)

by the claimant, when the claim form is issued; and

(b)

by a defendant when he acknowledges service.

(5)

Except with the permission of the court, a party shall not be allowed to inspect the testamentary documents or written evidence lodged or filed by any other party until he himself has lodged his testamentary documents and filed his evidence.

(6)

The provisions of paragraphs (2) and (4) may be modified by a practice direction under this Part.

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: Words in rule 57.5 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 32(b)(i)

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