# The Non-Contentious Probate Rules 1987, Rule 40: Application for leave to sue on guarantee

Extent: E+W

An application for leave under section 120(3) of the Act or under section 11(5) of the Administration of Estates Act 1971 to sue a surety on a guarantee given for the purposes of either of those sections shall, unless the district judge or registrar otherwise directs under rule 61, be made by summons to a district judge or registrar and notice of the application shall be served on the administrator, the surety and any co-surety.

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Source: https://www.legislation.gov.uk/uksi/1987/2024/rule/40 (the official version)
Page: https://openlegislation.uk/non-contentious-probate-rules-1987/rule-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.