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SCHEDULES

SCHEDULE 9Probate

Refusal to approve

5(1)If the Lord Chancellor proposes to refuse the application he shall give the applicant written notice of his proposal.

(2)The notice shall—

(a)give the Lord Chancellor’s reasons for proposing to refuse the application; and

(b)inform the applicant of the effect of sub-paragraph (3).

(3)Where such a notice is served, it shall be the duty of the Lord Chancellor, before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.

(4)For the purposes of sub-paragraph (3), representations are duly made if—

(a)they are made to the Lord Chancellor before the end of the period of 28 days beginning with the day on which the notice is served; and

(b)unless the Lord Chancellor directs in a particular case, they are in writing.

(5)If the Lord Chancellor refuses the application he shall give notice to the applicant in writing.

(6)Any notice given under sub-paragraph (5) must give the Lord Chancellor’s reasons for refusing the application.