Rule 56 Notice of election by surviving spouse or civil partner to redeem life interestF3I1
England and Wales
Where a surviving spouse F1or civil partner who is the sole or sole surviving personal representative of the deceased is entitled to a life interest in part of the residuary estate and elects under section 47A of the Administration of Estates Act 1925f1 to have the life interest redeemed, he may give written notice of the election to the F2senior district judge in pursuance of subsection (7) of that section by filing a notice in Form 6 in the Principal Registry or in the district probate registry from which the grant issued.
Where the grant issued from a district probate registry, the notice shall be filed in duplicate.
A notice filed under this rule shall be noted on the grant and the record and shall be open to inspection.
Annotations
Textual amendments
- F1
Words in rule 56(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), arts. 1, 2(6), Sch. 6 para. 2(4)
- F2
Words in rule 56(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 7(4)
- F3
Words in rule 56 heading inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), arts. 1, 2(6), Sch. 6 para. 2(4)
Commencement
Footnotes
- f1