The Civil Procedure (Amendment No. 2) Rules 2001

PART 57 PROBATE CLAIMSRECTIFICATION OF WILLSSUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES

Contents of this Part

Scope of this Part and definitions	Rule 57.1
SECTION I—PROBATE CLAIMS
General	Rule 57.2
How to start a probate claim	Rule 57.3
Acknowledgment of service and defence	Rule 57.4
Lodging of testamentary documents and filing of evidence about testamentary documents	Rule 57.5
Revocation of existing grant	Rule 57.6
Contents of statement of case	Rule 57.7
Counterclaim	Rule 57.8
Probate counterclaim in other proceedings	Rule 57.9
Failure to acknowledge service or to file a defence	Rule 57.10
Discontinuance and dismissal	Rule 57.11
SECTION II—RECTIFICATION OF WILLS	Rule 57.12
SECTION III—SUBSTITUTION AND REMOVAL OF PERSONAL REPRESENTATIVES	Rule 57.13

Scope of this Part and definitions

57.1—(1) This Part contains rules about—

(a) probate claims;

(b) claims for the rectification of wills; and

(c) claims and applications to—

(i) substitute another person for a personal representative; or

(ii) remove a personal representative.

(2) In this Part:

(a) “probate claim” means a claim for—

(i) the grant of probate of the will, or letters of administration of the estate, of a deceased person;

(ii) the revocation of such a grant; or

(iii) a decree pronouncing for or against the validity of an alleged will;

not being a claim which is non-contentious (or common form) probate business;

(Section 128 of the Supreme Court Act 1981(1) defines non-contentious (or common form) probate business.)

(b) “relevant office” means—

(i) in the case of High Court proceedings in a Chancery district registry, that registry;

(ii) in the case of any other High Court proceedings, Chancery Chambers at the Royal Courts of Justice, Strand, London, WC2A 2LL; and

(iii) in the case of county court proceedings, the office of the county court in question;

(c) “testamentary document” means a will, a draft of a will, written instructions for a will made by or at the request of, or under the instructions of, the testator, and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed;

(d) “will” includes a codicil.

(1)

1981 c. 54.