OpenLegislation

Rule 50 Application for order to attend for examination or for subpoena to bring in a willI1

England and Wales

(1)

An application under section 122 of the Act for an order requiring a person to attend for examination may, unless a probate action has been commenced, be made to a F1district judge or registrar by summons which shall be served on every such person as aforesaid.

(2)

An application under section 123 of the Act for the issue by a F2district judge or registrar of a subpoena to bring in a will shall be supported by an affidavit F3or a witness statement setting out the grounds of the application, and if any person served with the subpoena denies that the will is in his possession or control he may file an affidavit to that effect in the registry from which the subpoena issued.

Annotations

Textual amendments

F1

Words in rule 50(1) 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 50(2) inserted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(1)

F3

Words in rule 50(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(h)

Commencement

I1

Rule 50 in force at 1.1.1988, see rule 1