Rule 55 Application for rectification of a willI1
England and Wales
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:—
in what respects the testator’s intentions were not understood; or
the nature of any alleged clerical error.
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.
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
Footnotes
- f1