Rule 5 Cross suits

Northern Ireland

(1)

Where—

(a)

a grant of probate or letters of administration with the will annexed is objected to on the ground that there is another will of which probate or letters of administration with the will annexed ought to be granted; or

(b)

a grant of administration, in case of an alleged intestacy, is resisted on the ground that a will annexed ought to be granted,

the party applying for probate or letters of administration and the party so setting up another will or a will shall respectively bring cross civil bill processes which shall be heard.

(2)

Cross civil bill processes brought under paragraph (1) shall be heard by [^f1 the judge] at the same sittings and [ the judge] shall decide upon the validity of the will or wills so set up.

[^f2 . . .]

Annotations

Footnotes

f1: Words amended by S.R. 2013 No. 19 with effect from 25.02.13
f2: Rule 5(3) revoked by S.R. 1995 No. 151 with effect from 01.09.95