OpenLegislation

Rule 41 Amendment and revocation of grantI1

England and Wales

(1)

Subject to F1paragraphs (2) and (3) below, if a F2district judge or registrar is satisfied that a grant should be amended or revoked he may make an order accordingly.

(2)

Except on the application or with the consent of the person to whom the grant was made, the power conferred in paragraph (1) above shall be exercised only in exceptional circumstances.

F3(3)

Where, by reason of official error or delay, a grant has been issued (save for a grant under rule 52(b)) despite the entry or receipt in the registry of a caveat at the time of issue, a district judge or registrar must make an order revoking that grant.

Annotations

Textual amendments

F1

Words in rule 41(1) substituted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 7(a)

F2

Words in rule 41(1) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

F3

Rule 41(3) inserted (3.11.2025) by The Non-Contentious Probate (Amendment) Rules 2025 (S.I. 2025/1004), rules 1(1), 7(b)

Commencement

I1

Rule 41 in force at 1.1.1988, see rule 1