Rule 48 Citation to propound a willI1

England and Wales

(1)

A citation to propound a will shall be directed to the executors named in the will and to all persons interested thereunder, and may be issued at the instance of any citor having an interest contrary to that of the executors or such other persons.

(2)

If the time limited for appearance has expired, the citor may—

(a)

in the case where no person has entered an appearance, apply to a F1district judge or registrar for an order for a grant as if the will were invalid and such application shall be supported by an affidavit F2or a witness statement showing that the citation was duly served; or

(b)

in the case where no person who has entered an appearance proceeds with reasonable diligence to propound the will, apply to a district judge or registrar by summons, which shall be served on every person cited who has entered an appearance, for such an order as is mentioned in paragraph (a) above.

Annotations

Textual amendments

F1: Words in rule 48(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)
F2: Words in rule 48(2)(a) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(g)

Commencement

I1: Rule 48 in force at 1.1.1988, see rule 1