Rule 46 CitationsI1

Any citation may issue from the Principal Registry or a district probate registry and shall be settled by a F1district judge or registrar before being issued.

Every averment in a citation, and such other information as the F2district judge or registrar may require, shall be verified by an affidavit sworn F3or a witness statement made by the person issuing the citation (in these Rules called the “citor”), provided that the district judge or registrar may in special circumstances accept an affidavit sworn or a witness statement made by the citor’s solicitor F4or probate practitioner.

The citor shall enter a caveat before issuing a citation and, unless a F5district judge F6or registrar by order made on summons otherwise directs, any caveat in force at the commencement of the citation proceedings shall, unless withdrawn pursuant to paragraph (11) of rule 44, remain in force until application for a grant is made by the person shown to be entitled thereto by the decision of the court in such proceedings, and upon such application any caveat entered by a party who had notice of the proceedings shall cease to have effect.

Every citation shall be served personally on the person cited unless the F7district judge or registrar, on cause shown by affidavit F8or witness statement, directs some other mode of service, which may include notice by advertisement.

Every will referred to in a citation shall be lodged in a registry before the citation is issued, except where the will is not in the citor’s possession and the F9district judge or registrar is satisfied that it is impracticable to require it to be lodged.

A person who has been cited to appear may, within eight days of service of the citation upon him (inclusive of the day of such service), or at any time thereafter if no application has been made by the citor under paragraph (5) of rule 47 or paragraph (2) of rule 48, enter an appearance in the registry from which the citation issued by filing Form 5 and shall forthwith thereafter serve on the citor a copy of Form 5 sealed with the seal of the registry.