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The Non-Contentious Probate (Amendment) Rules 1991

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Grants where two or more persons entitled in same degree

8.—(1) The following shall be substituted for rule 27(1):

27.(1) Subject to paragraphs (1A), (2) and (3) below, where, on an application for probate, power to apply for a like grant is to be reserved to such other of the executors as have not renounced probate, notice of the application shall be given to the executor or executors to whom power is to be reserved; and, unless the district judge or registrar otherwise directs, the oath shall state that such notice has been given.

(1A) Where power is to be reserved to executors who are appointed by reference to their being partners in a firm, and not by their names, notice need not be given to them under paragraph (1) above if probate is applied for by another partner in that firm..

(2) In rule 27(7), after the words “under this rule in” there shall be inserted the words “the Principal Registry or”.

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