SCHEDULES
SCHEDULE 9 Probate
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.