# The Non-Contentious Probate Rules 1987, Rule 61: Power to require applications to be made by summons

Extent: E+W

(1) Subject to rule 7(2), a district judge or registrar may require any application to be made by summons to a registrar in chambers or a judge in chambers or open court.
(2) An application for an inventory and account shall be made by summons to a district judge or registrar.
(3) A summons for hearing by a district judge or registrar shall be issued out of the registry in which it is to be heard.
(4) A summons to be heard by a judge shall be issued out of the Principal Registry.
(5) Where an application is required under this rule to be made by summons, a district judge or registrar may—
(a) give directions (which may be given before listing the application);
(b) hold a hearing of the application, and receive evidence, by telephone or by using any other method of direct oral communication.
(6) A direction under paragraph (5) may be made subject to conditions, and may specify the consequences of failure to comply with the direction or a condition.

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Source: https://www.legislation.gov.uk/uksi/1987/2024/rule/61 (the official version)
Page: https://openlegislation.uk/non-contentious-probate-rules-1987/rule-61
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

