OpenLegislation

Rule 55 Application for rectification of a willI1

England and Wales

(1)

An application for an order that a will be rectified by virtue of section 20(1) of the Administration of Justice Act 1982f1 may be made to a F1district judge or registrar, unless a probate action has been commenced.

(2)

The application shall be supported by an affidavit F2or a witness statement, setting out the grounds of the application, together with such evidence as can be adduced as to the testator’s intentions and as to whichever of the following matters as are in issue:—

(a)

in what respects the testator’s intentions were not understood; or

(b)

the nature of any alleged clerical error.

(3)

Unless otherwise directed, notice of the application shall be given to every person having an interest under the will whose interest might be prejudiced F3, or such other person who might be prejudiced, by the rectification applied for and any comments in writing by any such person shall be exhibited to the affidavit F4or witness statement in support of the application.

(4)

If the district judge or registrar is satisfied that, subject to any direction to the contrary, notice has been given to every person mentioned in paragraph (3) above, and that the application is unopposed, he may order that the will be rectified accordingly.

Annotations

Textual amendments

F1

Words in rule 55 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 55(2) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(3)(k)

F3

Words in rule 55(3) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 12

F4

Words in rule 55(3) inserted (2.11.2020) by The Non-Contentious Probate (Amendment) Rules 2020 (S.I. 2020/1059), rules 1(1), 4(5)(e)

Commencement

I1

Rule 55 in force at 1.1.1988, see rule 1

Footnotes

f1

1982 c. 53.