Rule 57.6 Revocation of existing grantF1
In a probate claim which seeks the revocation of a grant of probate or letters of administration every person who is entitled, or claims to be entitled, to administer the estate under that grant must be made a party to the claim.
If the claimant is the person to whom the grant was made, he must lodge the probate or letters of administration in the relevant office when the claim form is issued.
If a defendant has the probate or letters of administration under his control, he must lodge it in the relevant office when he acknowledges service.
Paragraphs (2) and (3) do not apply where the grant has already been lodged at the court, which in this paragraph includes the Principal Registry of the Family Division or a district probate registry.
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