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The Non-Contentious Probate Rules 1987
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This version of this provision is prospective.
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Changes and effects yet to be applied to Article 56:
- Instrument am (exc rules 20, 22, 38, 46 and sch 1) by
- Instrument amended by
- Instrument amended by
- Instrument amended by
- Third Sch. inserted by S.I. 2020/1059 rule 3(4)
- Arrangement of Rules amended by S.I. 1998/1903 rule 2
- rule. 32(1)(a)(iii) words inserted by S.I. 2005/3504 art. 4(a)
- rule. 32(1)(ab) inserted by S.I. 2005/3504 art. 4(b)
- rule. 32(1)(ba)(bb) inserted by S.I. 2005/3504 art. 4(c)
- am (exc rule 27(1) substituted by
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Table of Contents words substituted by S.I. 2003/185 rule 4 (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be updated dynamically when its provision are revised)
- Sch. FIRST coming into force by S.I. 1987/2024 rule 1
- Sch. SECOND coming into force by S.I. 1987/2024 rule 1
- Sch.I Forms 2 4 6 amended by
- Sch. 1 Form 3 amended by S.I. 1998/1903 rule 16
- Sch.1 Form 4 amended by S.I. 1998/1903 rule 17
- Sch.1 Form 5 amended by S.I. 1998/1903 rule 18
- Sch. 1 Form 6 words inserted by S.I. 2005/2114 art. 2(6) Sch. 6 para. 2(5)
- rule 2A inserted by S.I. 2020/1059 rule 4(2)
- rule 3A inserted by S.I. 2020/1059 rule 2(1)
- rule 4(1A) inserted by S.I. 2017/1034 rule 2(1)
- rule 4(1A) words substituted by S.I. 2019/1057 rule 3
- rule 4A inserted by S.I. 2017/1034 rule 2(2)
- rule 4A omitted by S.I. 2020/1059 rule 3(3)
- rule 4A substituted by S.I. 2019/1057 rule 4
- rule 4A(2) omitted by S.I. 2018/1137 rule 3
- rule 5(9) inserted by S.I. 2016/972 rule 2(1)
- rule 5(9) substituted by S.I. 2018/1137 rule 4(5)
- rule 5(10) inserted by S.I. 2017/1034 rule 3(1)
- rule 5(10) substituted by S.I. 2018/1137 rule 4(6)
- rule 5A inserted by S.I. 2016/972 rule 2(2)
- rule 5A heading substituted by S.I. 2019/1057 rule 6
- rule 5A heading words substituted by S.I. 2018/1137 rule 6(2)
- rule 5A(2) words inserted by S.I. 2018/1137 rule 6(3)
- rule 5A(3)(b) omitted by S.I. 2018/1137 rule 6(4)
- rule 5A(4) omitted by S.I. 2018/1137 rule 6(4)
- rule 5B inserted by S.I. 2017/1034 rule 3(2)
- rule 5B omitted by S.I. 2018/1137 rule 7
- rule 5ZA inserted by S.I. 2018/1137 rule 5
- rule 5ZA(1) word substituted by S.I. 2019/1057 rule 5
- rule 8(1)(a)(b) and words substituted for words in rule 8(1) by S.I. 2018/1137 rule 8(3)
- rule 27(1A) inserted by
- rule 27(1A) rev. in pt. by S.I. 1998/1903 rule 7(1)
- rule 32(1)(b) amended by S.I. 1998/1903 rule 8(2)
- rule 32(1)(c) added by S.I. 1998/1903 rule 8(3)
- rule 32(1)(aa) added by S.I. 1998/1903 rule 8(1)
- reg. 32(1)(aa) words substituted by S.I. 2014/852 art. 3
- rule 37(2A) added by S.I. 1998/1903 rule 10
- rule 43(1)(a)-(c) and word substituted for words in rule 43(1) by S.I. 2018/1137 rule 13(2)
- rule 44(2)(b)(i)(ii) and word substituted for words in rule 44(2)(b) by S.I. 2018/1137 rule 14(2)
- rule 44(3)(a)(i)-(iii) and word substituted for words in rule 44(3)(a) by S.I. 2018/1137 rule 14(3)
- rule 44(15) added by S.I. 1998/1903 rule 11(3)
- rule 61(5)(6) inserted by S.I. 2018/1137 rule 17
- rule 62A added by S.I. 1998/1903 rule 14
- rule 65(3) inserted by S.I. 2003/185 rule 6
Prospective
Notice of election by surviving spouse to redeem life interestE+W
56.—(1) Where a surviving spouse 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 1925(1) to have the life interest redeemed, he may give written notice of the election to the Senior Registrar 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.
(2) Where the grant issued from a district probate registry, the notice shall be filed in duplicate.
(3) A notice filed under this rule shall be noted on the grant and the record and shall be open to inspection.
Commencement Information
I1Rule 56 in force at 1.1.1988, see rule 1
(1)
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