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The Non-Contentious Probate Rules 1987
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Changes and effects yet to be applied to Rule 47:
- Third Sch. inserted by S.I. 2020/1059 rule 3(4)
- 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)
- rule 47(4) words inserted by S.I. 2020/1059 rule 4(5)(d)
- rule 47(6) words inserted by S.I. 2020/1059 rule 4(3)(f)
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 inserted by S.I. 1998/1903 rule 2(a) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
- Table of Contents words inserted by S.I. 1998/1903 rule 2(b) (This amendment not applied to legislation.gov.uk. The table of contents for this legislation will be dynamically updated when its provisions are revised)
- 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. 1 Form 6 words inserted by S.I. 2005/2114 art. 2(6) Sch. 6 para. 2(5)
- Rules modified in part by S.I. 1991/2684 art. 4 5 Sch. 1
- 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(1)(1A) substituted for rule 27(1) by S.I. 1991/1876 rule 8(1)
- rule 27(1A) words omitted by S.I. 1998/1903 rule 7(1)
- rule 32(1)(a)(i) substituted by S.I. 2009/1893 rule 3
- rule 32(1)(b) word inserted by S.I. 1998/1903 rule 8(2)
- rule 32(1)(c) inserted by S.I. 1998/1903 rule 8(3)
- rule 32(1)(aa) inserted by S.I. 1998/1903 rule 8(1)
- reg. 32(1)(aa) words substituted by S.I. 2014/852 art. 3
- rule 37(2A) inserted 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) inserted by S.I. 1998/1903 rule 11(3)
- rule 61(5)(6) inserted by S.I. 2018/1137 rule 17
- rule 62A inserted by S.I. 1998/1903 rule 14
- rule 65(3) inserted by S.I. 2003/185 rule 6
Citation to accept or refuse or to take a grantE+W
47.—(1) A citation to accept or refuse a grant may be issued at the instance of any person who would himself be entitled to a grant in the event of the person cited renouncing his right thereto.
(2) Where power to make a grant to an executor has been reserved, a citation calling on him to accept or refuse a grant may be issued at the instance of the executors who have proved the will or the survivor of them or of the executors of the last survivor of deceased executors who have proved.
(3) A citation calling on an executor who has intermeddled in the estate of the deceased to show cause why he should not be ordered to take a grant may be issued at the instance of any person interested in the estate at any time after the expiration of six months from the death of the deceased, provided that no citation to take a grant shall issue while proceedings as to the validity of the will are pending.
(4) A person cited who is willing to accept or take a grant may, after entering an appearance, apply ex parte by affidavit to a registrar for an order for a grant to himself.
(5) If the time limited for appearance has expired and the person cited has not entered an appearance, the citor may—
(a)in the case of a citation under paragraph (1) of this rule, apply to a registrar for an order for a grant to himself;
(b)in the case of a citation under paragraph (2) of this rule, apply to a registrar for an order that a note be made on the grant that the executor in respect of whom power was reserved has been duly cited and has not appeared and that all his rights in respect of the executorship have wholly ceased; or
(c)in the case of a citation under paragraph (3) of this rule, apply to a registrar by summons (which shall be served on the person cited) for an order requiring such person to take a grant within a specified time or for a grant to himself or to some other person specified in the summons.
(6) An application under the last foregoing paragraph shall be supported by an affidavit showing that the citation was duly served.
(7) If the person cited has entered an appearance but has not applied for a grant under paragraph (4) of this rule, or has failed to prosecute his application with reasonable diligence, the citor may—
(a)in the case of a citation under paragraph (1) of this rule, apply by summons to a registrar for an order for a grant to himself;
(b)in the case of a citation under paragraph (2) of this rule, apply by summons to a registrar for an order striking out the appearance and for the endorsement on the grant of such a note as is mentioned in sub-paragraph (b) of paragraph (5) of this rule; or
(c)in the case of a citation under paragraph (3) of this rule, apply by summons to a registrar for an order requiring the person cited to take a grant within a specified time or for a grant to himself or to some other person specified in the summons;
and the summons shall be served on the person cited.
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